The Fort Johnson Baptist Church sponsored a youth trip to do missionary work. The trip ended with

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The Fort Johnson Baptist Church sponsored a youth trip to do missionary work. The trip ended with a whitewater rafting excursion. The youth pastor made the arrangements, and the youths were required to get a permission slip signed by their parents. Johnson gave verbal permission for her daughter Lindsay, and the pastor signed two documents on her behalf—an indemnity agreement and a release of liability with the rafting company. During the trip, Lindsay’s raft flipped and she drowned. Her mother sued the rafting company. The release and indemnity clauses were argued as a defense. It was asserted that the clauses should not be enforced because they are against public policy. Who should win and why?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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