Dashawn Was Severely Injured While Participating in a "Fitness Challenge

question 60

Multiple Choice

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.

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Definitions:

Shelf Space

The amount of space allocated for displaying a product in a retail store, crucial for visibility and sales.

Unplanned Business District

A type of retail location where two or more stores are situated together or in close proximity.

Close Proximity

Describing a short distance or a situation where objects or individuals are near each other.

Omnichannel Retailing

The retailing practice of integrating customer experiences across the physical and online channels.