Topp Copy Products, Inc. v. Singletary

Because I cannot fathom how the words “any and all liability” can be determined to be words of general import in one case, and words of precision in another, I dissent.

As the majority correctly notes, an exculpatory clause will be valid where three conditions are satisfied: (1) the clause does not violate any public policy; (2) the contract relates entirely to the private affairs of the parties; and (3) the contract is not a contract of adhesion to which one party simply adheres to a contract because he has no power to alter it. Kotwasinski v. Rasner, 436 Pa. 32, 258 A.2d at 865 (1969). Even…