designating five types of relationships where contractual clauses attempting to divest liability for negligence may be void as to public policy: common carrier, innkeeper, bailor-bailee, employer-employee and landlord-tenant
How later courts described this case
- designating five types of relationships where contractual clauses attempting to divest liability for negligence may be void as to public policy: common carrier, innkeeper, bailor-bailee, employer-employee and landlord-tenant
- discussing in detail four social relationships–employer-employee, common carrier, innkeeper, and bailor- bailee–and the varying rationales for invalidating liability releases in these relationships
Written by the judges who cited it.
The opinion
Supplemental Opinion and Ruling on Petition por. Rehearing
We have held the Petition for Rehearing in this case, pending the results of the appeal to the Supreme Court in the case of O’Callaghan v. Waller & Beckwith, 15 Ill.App.2d 349 , mentioned in our opinion.
We have considered the opinion of the Supreme Court in the O’Callaghan case, in which the Supreme Court has again declared that the public policy of the State of Illinois in regard to freedom of contract determines that contracts of a landlord relieving himself from all negligence to his tenant are valid.
In view of that decision we are constrained to deny the Petition for Rehearing.
Rehearing denied.
FRIEND, P. J. and BURKE, J., concur.