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1. Ms. Anderson claims the exculpatory clause in the Reservation Agreement should not be enforced against her because she did not voluntarily agree to it.
1. Ms. Anderson claims the exculpatory clause in the Reservation Agreement should not be enforced against her because she did not voluntarily agree to it. Essentially, she claims she could not have voluntarily agreed to the waiver and hold harmless provisions because she didn't have actual knowledge of their existence. a. According to the court in Oelze v. Score Sports Venture, LLC (included below), "a release or exculpatory agreement can be set aside if there is either fraud in the execution or fraud in the inducement." Briefly explain the difference between fraud in the execution and fraud in the inducement and give an example of each. (3 points) b. What is Ms. Anderson's best argument that the exculpatory clause should not be enforced, given the way it was presented to her and the manner in which it was drafted? (3 points) c. What arguments would Just Monkeying Around have that its contract, including the exculpatory clause, should be enforced as written, even though Ms. Anderson didn't read it? (3 points) d. How would a court decide this issue - is the exculpatory clause enforceable as written and presented? Why or why not? (3 points) e. What is your opinion
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