“Exculpatory” is a term used in legal contexts to describe evidence or clauses within contracts or agreements that serve to clear or absolve an individual or entity from blame or liability for a particular action or event. Exculpatory evidence is evidence that tends to exonerate or excuse a defendant in a legal proceeding. In contracts, exculpatory clauses are provisions that release one party from liability for certain acts or negligence, typically included to limit or eliminate potential legal claims or damages against that party. However, the enforceability of exculpatory clauses may vary depending on the jurisdiction and the specific circumstances of the case. Courts may scrutinize exculpatory clauses to ensure that they are not unconscionable, against public policy, or unfairly favour one party over the other. Overall, exculpatory evidence and clauses play a significant role in legal proceedings and contractual relationships by potentially shielding individuals or entities from legal liability or responsibility.
Clearing of guilt or blame.
Excusing or clearing of any wrongdoing. adj. applied to evidence which may justify or excuse an accused defendant’s actions and which will tend to show the defendant is not guilty or has no criminal intent.
If a person makes an exculpatory statement, he or she is rejecting or denying culpability (blame) for a crime. For example: I didn’t do nuffin. The opposite, an Inculpatory statement, is an acceptance of culpability. Sometimes a statement that purports to be a Confession will contain mixed inculpatory and exculpatory elements: Alright, I done the robbery, but I didn’t shoot no-one.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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