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Unformatted text preview: Running head: WEEK 3 ASSIGNMENT 1 Week 3 Assignment: Critical Legal Thinking Cases 4.7 and 5.3 Jeremy Doncouse Mountain State University 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 &amp; Reed, page 120, 2009). In this case, both parties had equal bargaining power because if Koch didnt 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. not have foreseen this incident and, in my opinion, is ordinary negligence and not criminal negligence....
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This note was uploaded on 03/08/2011 for the course LEGAL 297 taught by Professor Unknown during the Spring '10 term at Mountain State.
- Spring '10