First, it is likely to shift at least some degree of culpability onto the user. is true: even if an exculpatory clause is not completely effective, it is still often included. Many courts allow exculpatory clauses in limited cases. is likely to be true, for the above reason. is least likely to be true, because under a public policy rationale the payment for the ride does not outweigh holding the tortfeasor liable for negligence, much less gross negligence or an intentional act. is true, because gross negligence is likely to override an exculpatory clause. Business cannot exclude intentional misconduct and, likely, also cannot exclude gross negligence. Along the way, this troublesome tyke meets some ghoulish monsters so scary they literally burst off the page - but theyre the ones who are in for a shock. Courts are likely to allow these in a limited context, where they make public-policy sense (to promote awareness of safety by users), are clear, and are limited. Rationale: Exculpatory clauses attempt to eliminate legal liability regardless of fault. Exculpatory clauses are used even if not legally effective
Exculpatory clauses can sometimes be legally effective Johnny's sneaking into the ride is not likely, on public policy grounds, to excuse Thrills & Spills You likely win if you can show that Johnny did not pay for the ride Johnny likely wins if he can show that Thrills & Spills is grossly negligent Under the principles of exculpatory clauses, which of the following are most likely to be true: Sued by his parents, you point to the large signs at the entrance of the park and at the ride itself: "Thrills & Spills NOT responsible for personal injuries. Unbeknownst to Johnny, the head of maintenance, under intense pressure (by you!) not to disturb the operation of rides, and thus flow of revenues, covers for another employee, whom he suspects has been falsifying safety-inspection logs.Īt just the moment Johnny's car rounds the most-exciting bend of the ride, a critical bolt fails, causing the car to be derailed and Johnny to be severely injured. Jonathan, a most troublesome tyke, sneaks onto a ride. You are the general manager for an amusement park, Thrills & Spills.
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