1. As a matter of law, why did America West win this case?
2. Why was this Contract of Carriage not considered unfair and one-sided and thus unenforceable?
3. Why did America West’s behavior not constitute a “material deviation” from the Contract of Carriage?
4. Ning Yan went to Gay’s fitness center to use a one-week complimentary pass. On each visit he signed in on a sheet that contained a standard exculpatory clause including this language: “I also understand that Vital Power Fitness Center assumes no responsibility for any injuries and/or sicknesses incurred to me. . . .“ On February 18, 1999, Yan fell from a treadmill and sustained a severe head injury. He later died from that injury. No one witnessed the fall. Yan’s estate claims he struck his head against a window ledge because the treadmill was placed too close to the window. If he did strike the window ledge, who would likely win this case? Explain.
Plaintiff David Hanson (“Plaintiff”) has lost his head. More specifically, Plaintiff has lost an artistically and scientifically valuable robotic head modeled after famous science fiction author Philip K. Dick (“Head”). Dick’s well-known body of work has resulted in movies—such as Total Recall, Blade Runner, Minority Report, and A Scanner Darkly, and a large group of admirers has grown following his death in Orange County, California, in 1982. His stories have questioned whether robots can be human so it seems appropriate that Plaintiff reincarnated Dick as a robot which included the Head, valued at around $750,000.