Bobby Voluntarily Enrolls in a Skydiving Course at OpenSkies Pvt

question 44

Multiple Choice

Bobby voluntarily enrolls in a skydiving course at OpenSkies Pvt. Ltd., an adventure firm. He signs a contract that relieves OpenSkies of liability. After receiving proper instruction, he jumps from an airplane. Unfortunately, Bobby is injured when he could not steer his parachute toward the target area while landing. He sues the parachute center for damages. But the court found that the contract protected OpenSkies from damages, as Bobby had voluntarily joined the course knowing all the risks involved. What kind of contractual provision protected OpenSkies from having to pay Bobby damages?

• A) noncompete clause
• B) exculpatory clause
• C) duty of restitution
• D) disaffirmance

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Definitions:

National Labor Relations Act

Enacted in 1935, this foundational US labor law protects the rights of workers to organize into trade unions, engage in collective bargaining, and take collective action such as strikes.

Voluntarily Begin Negotiations

The process where parties decide to start discussions and bargaining without being compelled by law or external pressures.

Decertification

The process by which a labor union is removed as the bargaining representative of a group of employees, typically through a vote among the employees.

Certifying

The process of formally validating the qualifications, capabilities, or quality of an individual or entity.