Dashawn was severely injured while participating in a "fitness challenge" that was organized and operated by Zeta Inc. He has sued for negligence. Zeta relies on the defence of voluntary assumption of risk. In support of that defence, Zeta has produced a "Disclaimer of Liability" that Dashawn signed. Which of the following statements is TRUE?
A) Zeta will be relieved of liability only if the disclaimer clause governed the legal risk of injury.
B) As a general rule, a disclaimer clause is effective only if the plaintiff carelessly contributed to his or her own loss.
C) Because of general contractual principles, the disclaimer clause may be effective in response to a claim for breach of contract, but not in response to a claim for negligence.
D) If the defence applies, the court will reduce liability only to the extent that is fair, so that Dashawn will still recover some damages.
E) The court will struggle to uphold the disclaimer clause and deny liability if at all possible.
Correct Answer:
Verified
Q12: Peter has sued Calista and Lailani for
Q13: Jennet recently sued Lamda Corp for failing
Q14: Demarcus sued Marguerite for negligence. She has
Q15: The Town of Sussex Corner owned a
Q16: Jamari negligently hit Samantha in the head
Q18: Psi Corp owned a ship called The
Q19: Halle is considering creating a new accounting
Q20: The concept of a crumbling skull
A) allows
Q21: Sarah sued Jerry and Tom in negligence.
Q22: Zoe was injured last New Years Eve
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents