11. Anthony runs exercise and fitness for elderly people. Some of Anthony\'s cli

Question

11. Anthony runs exercise and fitness for elderly people. Some of Anthony's clients lack physical coordination injuries are common. In order to avoid lawsuits, Anthony makes each customer sign a written contract containing a clause relieving Anthony of all liability for injuries suffered during the classes. The clause is written in fine print and Anthony doesn't point it out to his clients. An injured customer sued Anthony for negligence. If Anthony tried to defend himself based on the clause in the contract, which of the following is the biggest weakness in Anthony's position?

A. That Anthony tried to use an exculpatory clause to relieve herself of negligence liability

B. That Anthony used a fine-print exculpatory clause, which means that the customer lacked knowledge of the clause's existence.

C. That Anthony tried to use an exculpatory clause at all, because such clauses are invalid on public policy grounds.

D. That Anthony has superior bargaining power, which makes the customer's acceptance of the exculpatory clause involuntary.

12. Sid was trying to join an exclusive hunting club. As part of his initiation, he had to grab a piece of meat from a set bear trap. He tried, but the trap slammed shut on his hand, injuring him. Sid filed a products liability suit against the store that sold the trap to the fraternity members. Which of the following, if true, would allow the hardware store to avoid liability?

A. Any defect in the trap was caused by the manufacturer, not the hardware store.

B. Sid was not the purchaser from the hardware store.

C. The store exercised reasonable care in selling the trap.

D. It was an unforeseeable misuse for anyone to use a trap in this way.

E. None of the above would protect the hardware store.

Explanation / Answer

11

Correct Answer:

B. That Anthony used a fine-print exculpatory clause, which means that the customer lacked knowledge of the clause's existence.

Explanation:

Exculpatory clause should be mentioned in clear and proper manner so that other party knows about it and aware of its presence in the contract before signing it. Then, there is any scope of enforcement of exculpatory clause. But in a given scenario, such clause is mentioned in fine prints that is neither pointed out by Anthony nor acknowledged by the customer. Thus, this clause will not be enforceable in the court of law.

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