Hillerson v. Bismarck Public Schools

[¶ 26] I respectfully dissent. I agree with the majority that the release of liabili*73ty in this case is ambiguous. However, I am of the opinion that the waiver of liability is void and unenforceable because it violates clear public policy. I would, therefore, reverse and remand this case for trial.

I

[¶ 27] Contracts exonerating parties from liability for their conduct are generally disfavored in the law. Reed v. University of North Dakota, 1999 ND 25, ¶ 22, 589 N.W.2d 880; Kondrad v. Bismarck Park District, 2003 ND 4, ¶ 6, 655 N.W.2d 411. “[Contractual exculpatory clauses are strictly construed…