Global Airline, Inc, is a commercial passenger airline. Global Airlineincludes on its tickets a clause stating that the airline is not liable for any injury to, or the death of, any passenger caused by its, or its employees', negligence. A Global
Airline flight from Los Angeles to New York crashes into Long Island Sound, resulting in the deaths of all passengers.The ac¬cident is found to be due to Global Airline'snegligence.Based on the clause on its tickets, can Global Airlineavoid liability?
Global Airlinecannot avoid liability for the deaths of the passen-gers in an accident that is found to be due to the airline's negligence.
A clause thatat¬tempts to absolve a party of negligence or some other wrong, such as the one in this problem, is known as an exculpatory clause. Generally, an exculpatory clause is not en¬forceable if the party seeking its en-forcement is in¬volved in a business important to the public as a matter of practical necessity. Such busi¬nesses include air¬lines. Because of the essential nature of their ser¬vices, airlines have an ad¬vantage in bargaining strength and could insist that anyone contract¬ing for their ser¬vices agree not to hold them liable.
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