Question: Question 48 2 pts Donovan Mitchell and Joe Ingles decide to go to Lagoon Amusement Park on their day off. On the front of their



Question 48 2 pts Donovan Mitchell and Joe Ingles decide to go to Lagoon Amusement Park on their day off. On the front of their tickets, it reads in bold print, "Lagoon Amusement Park employees are not responsible for any injury as a result of any negligence, intentional or reckless actions of our employees. You are responsible for your own safety, so please proceed at your own caution." While riding one of the rides, Donovan Mitchell was incorrectly strapped into the ride due to an employee's recklessness. As a result, Donovan ended up falling out of his seat during the ride and was severely injured. Which of the following is true: Donovan Mitchell can still sue and prevail as the waiver is invalid, regardless of whether it was intentional, reckless, or negligent. If the action had been negligent he would not be able to sue, but as it was reckless he may still sue and prevail. Donovan Mitchell may have been able to sue if it was intentional, but since it was just reckless, the waiver is valid. Donovan Mitchell legally waived his right to sue for all tort claims when he signed the waiver to enter the park. Question 50 2 pts Multiple Answer Options: Select all answers that are correct, whether that is one answer or more. Merlin enters a contract to provide 100,000 gallons of "Magic Oil" to Arthur's Auto Shop at \$2 per gallon over the next 6 months. Because of the global health epidemic, Merlin's cost drastically increases to $10 per gallon, which would create an unjust hardship to complete the contract. Merlin wants to get out of the contract with Arthur. Can he? Yes, if the parties could not have foreseen the global health epidemic at the time they entered the contract. No, because the parties have a valid contract and the law is not concerned with whether Merlin entered a bad deal. Yes, regardless of whether the parties could have foreseen the global health epidemic at the time they entered the contract, because the contract is commercially impracticable to perform. Yes, because the contract is impossible to perform with the increased price
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