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Doncouse_Jeremy_Week3 - Running head WEEK 3 ASSIGNMENT 1...

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Running head: WEEK 3 ASSIGNMENT 1 Week 3 Assignment: Critical Legal Thinking Cases 4.7 and 5.3 Jeremy Doncouse Mountain State University
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Running head: WEEK 3 ASSIGNMENT 2 Critical Legal Thinking Case 4.7: Exculpatory Clause Is the exculpatory clause valid against Koch? An exculpatory clause is one which relieves one or both parties from tort liability for ordinary negligence (Cheeseman & Reed, page 120, 2009). In this case, both parties had equal bargaining power because if Koch didn’t sign the waiver that day the racetrack might have been out a flagman and Koch would have been without work. The other part to this case is if the tort was for ordinary negligence. I believe it was because there was nothing under the control of the racetrack which caused a dangerous condition. The car which struck Koch simply lost control during a race which happens in racing from time to time. The racetrack could not have foreseen this incident and, in my opinion, is ordinary negligence and not criminal negligence.
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