Bobby voluntarily enrolls in a skydiving course at OpenSkies Pvt. Ltd., an adventure firm. He signs a contract that relieves OpenSkies of liability. After receiving proper instruction, he jumps from an airplane. Unfortunately, Bobby is injured when he could not steer his parachute toward the target area while landing. He sues the parachute center for damages. But the court found that the contract protected OpenSkies from damages, as Bobby had voluntarily joined the course knowing all the risks involved. What kind of contractual provision protected OpenSkies from having to pay Bobby damages?
A) noncompete clause
B) exculpatory clause
C) duty of restitution
D) disaffirmance

Question

Quizplus · Accepted Answer

The contractual provision that protected OpenSkies from having to pay Bobby damages is an exculpatory clause. This clause relieves one party from liability for their own negligence, and Bobby had signed a contract that relieved OpenSkies of liability. A noncompete clause is typically used in employment contracts to prevent an employee from working for a competitor of their former employer, duty of restitution is the obligation to return something that was wrongfully obtained, and disaffirmance is the right of a minor to cancel a contract.

Bobby Voluntarily Enrolls in a Skydiving Course at OpenSkies Pvt