Thursday, March 14, 2013

Day 46: Sometimes I wonder

This morning in Contracts I barely spoke as I sat wondering in near child-like fashion "WTF - seriously!??!?!" I read the wrong case file and witnessed the bizarre become sublime without frame of reference. To paraphrase the topic of discussion: can doing something that hurts, injures, or kills someone either through egregious stupidity, carelessness, or even on purpose be included in the release & waiver part of a contract and we are all OK with it. Now before you roll your eyes and tell me about common sense, let me remind you were are talking about the law, I said nothing about making sense. But as I see it, surely that small print can't be used to say the contracting party could intentionally not check my equipment, I use it and perish, and they get off the hook... Yet, foregoing the slightly concerning details of the reference cases and the fact pattern given, the answer is "Yes". If you sign the waiver agreement, are maimed, paralyzed, or even die while engaging in "an inherently dangerous" sport like scuba or sky diving, bungee jumping, or even tobogganing, you and your estate are pretty much SOL. So be careful out there, Adrenaline Junkies. Check your equipment and environment!

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