Contemporary Business Law 8th Edition by Henry Cheeseman

تمرين 3

Exculpatory Clause Wilbur Spaulding owned and operated the Jacksonville racetrack at the Morgan Country Fairgrounds, where automobile races were held. Lawrence P. Koch was a flagman at the raceway. One day when Koch arrived at the pit shack at the raceway, he was handed a clip­board on which was a track release and waiver of liability form that released the racetrack from liability for negligence. Koch signed the form and took up his position as flagman. During the first race, the last car on the track lost control and slid off the end of the track, striking Koch. Koch suffered a broken leg and other injuries and was unable to work for 14 months. Koch sued Spaulding for damages for negligence. Spaulding asserted that the release form signed by Koch barred his suit. Is the exculpatory clause valid against Koch? Koch v. Spaulding , 174 Ill.App.3d 692, 529 N.E.2d. 19, Web 1988 Ill. App. Lexis 1427 (Appellate Court of Illinois)