Sky High Sports Nashville Operations, LLC, operated a trampoline park in Nashville, Tennessee. At the park, during

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Sky High Sports Nashville Operations, LLC, operated a trampoline park in Nashville, Tennessee. At the park, during a dodgeball tournament, Jacob Blackwell, a minor, suffered a torn tendon and a broken tibia. His mother, Crystal, filed a suit on his behalf in a Tennessee state court against Sky 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.3d 624 (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.

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Business Law Text And Cases

ISBN: 9780357129630

15th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller

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