Which of the Following Exculpatory Clauses Will Most Likely Be

question 38

Multiple Choice

Which of the following exculpatory clauses will most likely be enforceable?

• A)An exculpatory clause that relieves a windsurf school of gross negligence.
• B)An exculpatory clause that relieves a windsurf school of negligence.
• C)An exculpatory clause that relieves a windsurf school from intentional torts.
• D)None of the above as exculpatory clauses are illegal.

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Definitions:

Constitutional Innovations

New or novel changes, developments, or improvements made to a country's constitution to better reflect the evolving needs and values of its society.

Appellate Jurisdiction

The authority of a court to review and revise the judgment or decision of a lower court.

Original Jurisdiction

The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, which reviews decisions made by lower courts.

Judicial Activism

A judicial philosophy that posits judges should use their power broadly to address societal wrongs and interpret the Constitution in the light of contemporary values and conditions.