Hector Didn't Read the Waiver Clause in the Entry Form

question 41

Multiple Choice

Hector didn't read the waiver clause in the entry form before signing it and paying his entry fee to compete in a weekend slalom ski-racing event.His neck broke as he landed on top of a pile of large rocks,after an unexpected collision with Juri sent him through a thin,unsupported barrier of mushy walled ice.Which of the following would most strongly support the Supreme Court of Canada's position that,in these circumstances,the defence of volenti non fit injuria would fail?

• A) A signed waiver fails as an expression of a victim's true intention.
• B) A waiver is an incorrect statement made carelessly.
• C) A waiver is a misstatement giving rise to valid action in negligence.
• D) A signed waiver fails as a reliable third-party agreement.

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Definitions:

Beneficiaries

Individuals or groups that receive benefits or advantages from something, especially from a trust, insurance policy, or will.

Socially Optimal

A situation in which resources are allocated in the most efficient way from the society's point of view, maximizing total welfare.

Pollution

The contamination of the natural environment by harmful substances or energies, which can affect air, water, and land negatively and pose risks to human health and ecosystems.

Marginal Benefit

The boost in utility or enjoyment derived from the additional consumption of a unit of a good or service.