The Harrow Health Club Placed a Clause in a Contract

question 22

Multiple Choice

The Harrow Health Club placed a clause in a contract with a patron that relieved the club of liability for intentional wrongdoing by its employees. One evening near closing time, an employee struck and injured a patron for her (the patron's) failure to leave on time. The Harrow Club refused to pay the patron for her injuries because of the disclaimer of liability clause in the contract. Is the Harrow Health Club liable to the patron for injuries she (the patron) suffered?

• A) No; it was the patron's fault.
• B) No; health clubs generally do not have liability even though they are at fault.
• C) Yes; courts will generally not enforce clauses in contracts that attempt to relieve a contracting party such as the Harrow Club from injuries it caused to another party to the contract.
• D) Yes; courts are generally not sympathetic to health clubs.

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Definitions:

Overall Costs

The total expenses incurred in the production, operation, or realization of goods and services.

Average Total Cost

The per unit cost of production, calculated by dividing the sum of all production costs by the quantity of output produced.

Workers

Individuals engaged in physical or mental activity in order to achieve a result, often employed for wages.

Units

The standard measurement or quantity in which a product, service, or statistic is counted or expressed.