Dashawn Was Severely Injured While Participating in a "Fitness Challenge

question 57

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 most likely to be TRUE?

• A)As a result of the Supreme Court of Canada's decision in Crocker v Sundance Northwest Resorts Ltd, the exclusion clause is presumed to be valid unless Zeta Inc was guilty of gross negligence.
• B)Zeta Inc will be relieved of liability only if the disclaimer clause applied to both the physical risk of injury and legal risk of injury, and only if it is contractually enforceable.
• C)Because of general contractual principles, the disclaimer clause would have protected Zeta Inc if Dashawn had sued for breach of contract, but it cannot protect the company from his claim in negligence.
• D)As a general rule, the disclaimer clause is effective only if Dashawn carelessly contributed to his own loss.
• E)If the defence applies, the court will reduce liability only to the extent that is fair, so that Dashawn will still recover some damages.

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