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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