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

question 14

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 ice-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:

U.S. Courts of Appeals

Intermediate appellate courts in the federal court system that review decisions of federal district courts, regulatory commissions, and other federal courts.

District Court Decisions

Rulings or judgments made by District Courts, which are often initial points of litigation within the federal or state court systems.

Circuit Courts

Courts that have jurisdiction over a specific geographic area or circuit, handling appeals and serious criminal and civil cases.

ADR

Alternative Dispute Resolution, a range of processes that help parties resolve disputes without traditional litigation.