Dr. Charles L. Dunham -2.- MAY 13 1966 opportunity to ask questions. Assuming complete understanding and no unequal bargaining factors (e.g. pressure on prisoners to submit), such an agreement would protect against liability for unauthorized invasion of the person. The consent form may also contain language absolving the contractor and the AKC from responsibility for injuries to a volunteer resulting from the experiment. This would probably be binding on the volunteer if no negligence occurs. Itis doubtful, however, thet the clause can be so drawn as to be binding on the volunteer if negligence causes the injury. Not only is the law uncertain on this point, but we cannot be sure as to what law will apply. (Developments in the field of conflicts of law have been such that it is not clear whether the law of the State of Washington would be applied in every case; for example, a volunteer residing in some other state when his injury first becomes apparent might contend thet thet other state has the most significant contacts with the claim and that its law should be applied. ) Whether or not language absolving the contractor and the AEC from liability - either with or without mentioning negligence ~- should be incorporated in the consent form is a matter of policy. It may well be that the Conmission would prefer not to attempt to add any special provisions designed to eliminate or minimize possible liability. In this regard, it should be borne in mind that the consent agreement itself, without specially added language, would probably be considered as tantamount to a discleimer of liability for injuries resulting from the experiment properly carried out - that is, where no negligence occurs. We understand that the contractor has no special view with respect to the obtainment of any special disclaimer agreements, and, aiso, that liability insurance is available at a reasonable premium; presumably, the contractor and RLOO are exploring the advisability of obtaining such insurance. cc: Chester G. Brinck, RLOO Dr. Wm. T. Doran, Jr., OS