$14-6.$ Adhesion Contracts. David Desgro hired Paul Pack to inspect a house that Desgro wanted to buy. Pack had Desgro sign a standard$-$form contract that included a twelvemonth limit for claims based on the agreement. Pack reported that the house had no major problems, but after Desgro bought it$,$ he discovered issues with the plumbing, insulation, heat pump, and floor support. Thirteen months after the inspection, Desgro filed a suit in a Tennessee state court against Pack. Was Desgro's complaint filed too late, or was the contract's twelve$-$month limit unenforceable? Discuss. $[$Desgro v$.$ Pack, $2013$ WL $84899($Tenn$.$App. $2013)]($See Legality.$)$

$14-7.$ Legality. Sue Ann Apolinas hired a guide through Arkansas Valley Adventures, LLC$,$ for a rafing excursion on the Arkansas River. At the ourntser's office, Apolinar signed a release that detailed potential hazards and tisks, including "overturning," "unpredictable curerses," "obstacles" in the attempting to maneuver around ise whe the not chesized. The in a federal district court agairss the refung company, alleging negligence. What are the argumenes for and aganst enforsing the release that Apolinar signed? Discuser. $[$Espiroasa $2.$ Alkansas Valley Adventures, LLC$,809$ F$.3$ d $1150(10$th Cir. $2010)]($See Legality.$)$

$14-8.$ Minors. Bonney McWilliam's farher deeded a house in Norfolk County, Massachusetts, to Bonney and her daughter, Mechelle. Each owned a one$-$half interest. Described as $"$an emotionally troubled teenager," Mechelle had a history of substance abuse and a fractured relationship with her mother. At age sixteen, in the presence of her mother and her mother's attorney, Mechelle signed a deed transferring her interest in the house to Bonney. Later, still at odds with her mother, Mechelle learned that she did not have a right to enter the house to retrieve her belongings. Bonney claimed sole ownership. Mechelle filed a lawsuit in a Massachusetts state court against her mother to declare the deed void. Could the transfer

of Mechelle's interest be disaffirmed? Explain. $[$McWilliam v$.$ McWilliam, $46$ N$.$E$.3$ d $598($Mass$.$App.Ct$.2016)]($See Contractual Capacity.$)$

$14-9.$ Contracts Contrary to Public Policy. P$.$M$.$ and C$.$M$.($the $"$Ms$")$ are married and live in Iowa. Unable to conceive their own child, they signed a contract with T$.$B$.,$ who, in exchange for $$13,000$ and medical expenses, agreed to be impregnated with embryos fertilized with P$.$M$.\text{'}$s sperm and the ova of an anonymous donor. T$.$B$.$ agreed to carry the pregnancy to term, and she and her spouse, D$.$B$.,($the $"$Bs$")$ promised to hand over the baby at birth to the Ms$.$ During the pregnancy, the relations between the parties deteriorated. When the baby was born, T$.$B$.$ refused to honor the agreement to give up the child. Meanwhile, genetic testing excluded T$.$B$.$ and D$.$B$.$ as the biological parents and established P$.$M$.$ as the father. Iowa exempts "surrogacy" from a state criminal statute that prohibits selling babies. There is no other state law on point. Is the contract between the Ms and the Bs enforceable? Discuss. $[$P$.$M$,$ v$.$ T$.$B$.907$ N$.$W$.2$ d $522($Iowa $2018)]($See Legality.$)$

$14-10.$ A Question of feries$-$The IDDR Approach and Minors. Sky High Sports Nashrille Operations, LLC$,$ operated a trampoline park in Nashville, Tennessee. At the park, during a dodgebal' toumament, Jacob Blackwell, a minor, suffered a torn tendon and a broken tibia. His mother, Crysial, filed a suit on his behalf in a Tennessee state court against Sly High, alleging negligence and seeking $$500,000$ to cover medical and other expenses. Sky High asserted that the claim was barred by a waiver of liability in a contract between the parties, which the defendant asked the court to enforce. The waiver released Sky High from liability for any "negligent acts or omissions." $[$Blackwell v$.$ Sky High Sports Nashville Operations, LLC$,523$ S$.$W$.3d624($Tenn$.$App. $2017)]($See Contractual Capacity.$)$

$($a$)$ Should Sky High offer a defense to the suit? What might Sky High argue as a reason for enforcing the waiver? Use the IDDR approach to answer these questions.

$($b$)$ Would it be unethical to allow Jacob to recover damages? Apply the IDDR approach to explain.