Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory

تمرين 10

Perry Rowan worked at Salomon North America, Inc., as a glide tester for snow skis. Glide testing determines which ski waxes and structures of the ski bottom run the fastest on the snow located at the venue where the testing is being determined. Rowan was a national caliber ski racer with international racing experience. On December 1, 1994, he was killed while glide testing skis on a ski run located in Vail, Colorado, which was owned by Beaver Creek Associates. When completing a glide test, Rowan lost control and slid into unpadded support beams on a picnic deck which Beaver Creek Associates had built. The fatal run occurred on the third day of a three-day testing period on the course. On the third day, just prior to his death, Beaver Creek Associates asked Rowan to sign a form releasing it of any liability for injuries, including death, that he might suffer while engaging in the testing. Rowan's parents as representatives of his estate sued, among others, Beaver Creek Associates for wrongful death, asserting they were negligent in constructing, placing, and failing to pad the deck. Beaver Creek Associates defended by arguing that the release was valid. Rowan's parents countered that the release was nonbinding because it lacked consideration (i.e., Beaver Creek Associates gave nothing additional of value to change the relationship between it and Rowan on that third day of testing). Was the release valid?