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Business, 23.04.2020 18:04 brinks7994

Renee Beaver started racing go-karts competitively in 2016, when she was fourteen. Many of the races required sign an exculpatory clause to participate, which she or her parents regularly signed. In 2018, right before her sixteenth birthday Rence participated in the annual Elkhart Grand Prix, a series of races in Elkhart, Indiana. During the event in which she drove, a piece of foam padding used as a course barrier was torn from its base and ended up on the track. A portion of the padding struck Beaver in the head, and another portion was thrown into oncoming traffic, causing a multikart cllision during which she sustained severe injuries. Beaver fled an action against the race organizers for negligence. The race organizers could not locate the exculpatory clause that Beaver had supposedly signed. The orga- nizers argued that she must have signed one to enter the race, but even if she had not signed one, her actions showed her intent to be bound by its terms. Using the information presented in the chapter, answer the following questions.

1. Did Beaver have the contractual capacity to enter a contract with an exculpatory clause? Why or why notà

2. Assuming that Beaver did, in fact, sign the exculpatory clause, did she later disaffirm or ratify the contract? Explain.

3. Now assume that Beaver stated that she was eighteen years old ac hie sine the signed the exculpatory clause. How might this affect her ability to disaffirm or ratify the contract

4. If Beaver did not actually sign the exculpatory clause, could a court conclude that she impliedly accepted its terms by participating in the race? Why or why not

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Renee Beaver started racing go-karts competitively in 2016, when she was fourteen. Many of the races...
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