Dashawn Was Severely Injured While Participating in a "Fitness Challenge

question 35

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)The court will struggle to uphold the disclaimer clause and deny liability if at all possible.
• B)Zeta will be relieved of liability only if the disclaimer clause applied to the factual and legal risk of injury and is otherwise enforceable contractually.
• 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)As a general rule,a disclaimer clause is effective only if the plaintiff carelessly contributed to their 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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Definitions:

PLISSIT Model

is a framework used in sex therapy that stands for Permission, Limited Information, Specific Suggestions, and Intensive Therapy, guiding the treatment process.

Sexual Health Care

Medical services and support related to the sexual well-being and reproductive health of individuals.

Sexual Function

Aspects of physical and emotional well-being related to sexual activity and performance.

Sexual Needs

The requirement for sexual expression and fulfillment, which varies greatly among individuals and can be influenced by psychological, social, and biological factors.