Question: [1] The boy enters into a contract when he is seventeen years old to learn to skydive.As part of the contract, he signs a liability
[1] The boy enters into a contract when he is seventeen years old to learn to skydive.As part of the contract, he signs a liability waiver, acknowledging that skydiving is dangerous and absolving the company for any liability for any damages.Two days after his eighteenth birthday, he is seriously injured when his parachute fails to release.He brings a lawsuit, and the defense is that "the boy" signed a waiver.
Who wins?What if the accident occurs one month, six months, a year?[Please Discuss Fully].
[2] My father was a practicing attorney for fifty-five years.Soon after he retired, he was admitted to a nursing home suffering from Alzheimer's Disease.A few months later, my family determined that we should have him sign a "Power of Attorney" in case of total incapacity.On the day we went up, we took him to lunch.As we took him to the car, he kept asking us where we were going, several times before we arrived, and then on our way back.I was concerned at that time of his contractual capacity.We went back to his room and handed him the document.He read though it and explained many sections of it before he signed it.
Assuming later that someone attempts to challenge the document based on his lack of contractual capacity, who wins?
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