Question: QUESTION 2 Fred Sweet runs dancing classes for middle-aged and elderly people. Some of Fred's customers lack physical coordination and injuries from kicks, falls, etc.
QUESTION 2 Fred Sweet runs dancing classes for middle-aged and elderly people. Some of Fred's customers lack physical coordination and injuries from kicks, falls, etc. are common, Fred naturally fears that injured customers will sue him for negligence. Thus, he makes each customer sign a written contract containing a cause relieving Fred of all liability for injuries suffered during his dancing classes. However, fearful that he will lose business it potential customers become aware of his strategy Fred states the cause in fine print and doesn't point it out to them. An injured customer sues Fred in negligence Fred wants to defend on the basis of the cause in the contract. Which of the following is the biggest weakness in Fred's position? O A That Fred tried to use an exculpatory clause at all, because such clauses are invalid on public policy grounds. O B. That Fred tried to use an exculpatory cause to relieve himself of negligence liability, OC That Fred has superior bargaining power, which makes the customer's acceptance of the exculpatory clause involuntary, D. That Fred used a fine-print exculpatory clause, which means that the customer lacked knowledge of the clause's existence QUESTION 3 Due to Dave Defendant's tailgating and speeding, his car collides with a car driven by Myra Mason. As a result of the collision, Myra's car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines, causing a blackout for a 20-mile radius, including the neighborhood where Fred Fish resides Fred has an aquirium, and the blackout causes the aquarium heater to go out, killing Fred's ten valuable tropical fish Fred sues Dave under the theory of negigence. In this case, which element of negligence will be the most difficult for Fred to prove? A Breach of duty of reasonable care in operating the car. B. Proximate causation between the breach and the injury. C. Cause in fact between the breach and the injury D. All of the above are equally difficult to prove under these facts. QUESTION 4 Which intellectual property is created only after government registration and approval
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