Bobby voluntarily enrolls in a skydiving course at OpenSkies,Inc.,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 liability is an exculpatory clause. This clause relieves one party from liability for damages that may arise from a particular activity or transaction. In this case, Bobby signed a contract that included an exculpatory clause, which released the parachute center from any liability for injuries that he may sustain during the course. As per the court's decision, this clause was legally binding as Bobby had voluntarily agreed to the terms of the contract.

Bobby Voluntarily Enrolls in a Skydiving Course at OpenSkies,Inc