On September 29, just under two weeks before his 18th birthday, Bagley, a highly skilled and experienced
Question:
On September 29, just under two weeks before his 18th birthday, Bagley, a highly skilled and experienced snow-boarder, purchased a season pass from Mt. Bachelor ski facility. Upon purchasing the season pass, he executed a release agreement as required by Mt. Bachelor. The significant portions of the release agreement were also printed on the pass. Beginning on November 18, after his 18th birthday, Bagley used his season pass to ride Mt. Bachelor's lifts at least 119 times over the course of twenty-six days spent snowboarding at the ski area. However, on February 16 of the following year, while snowboarding over a manmade jump in Mt. Bachelor's "air chamber" terrain park, Bagley sustained serious injuries resulting in permanent paralysis. Bagley sued Mt. Bachelor for negligence, claiming that he had timely disaffirmed the release agreement by notifying Mt. Bachelor of the injury. Mt. Bachelor argued that Bagley had manifested his intent to ratify
By failing to disaffirm the voidable release agreement within a reasonable period of time after reaching the age of majority and
By accepting the benefits of that agreement. Explain whether Bagley has ratified the contract.
Step by Step Answer:
Smith and Robersons Business Law
ISBN: 978-1337094757
17th edition
Authors: Richard A. Mann, Barry S. Roberts