a. Was there any fraud or misrepresentation on the part of the Resort? Note that, according to the Tepper text (p.103), if there has been fraud (or a misrepresentation of a material fact), the contract is voidable by the innocent party. It does not have to rise to the level of a deliberate, intentional fraud.Was the Resort's failure to disclose the absence of an inspection certificate a misrepresentation?

b. If the Resort had a duty to disclose the absence of the ski lift inspection certificate, would the Resort also be obligated to specifically disclose to the Trumpets in advance if the elevator certificate was not current, or if the kitchen did not have a current health department certificate?

c. If there was a simple misrepresentation (with no intent to deceive rising to the level of fraud), discuss how the misrepresentation is material (i.e., did it go to the heart of the transaction)? Would knowing that the ski lift did not have an inspection certificate have caused the Trumpets not to accept the invitation to attend? Consider that they showed up in business, party and casual clothes, not ski clothes.

d. Or, would knowing that the ski lift did not have an inspection certificate have caused the Trumpets not to ride the ski lift?

Bar). It contains the following provisions, which Rudy has assured them are standard provisions in widespread use in the ski industry and are "ironclad:" 1. Patron representations 1.1. Patron represents that he/she is of legal age, of sound mind, and is legally, physically and mentally fit to enter into this contract. 1.2 Patron further represents that he/she has had the opportunity to review this contract with an attorney of Patron's choosing. 1.3 Patron makes no objection to any of the provisions hereof, and enters this contract willingly and with a full understanding of its meaning and 2. consequences. Disclosure and Waiver 2.1 Patron understands that skiing, snowboarding, snowtubing, ziplining and other outdoor activities have inherent dangers, including the risk of injury or death, and that use of the premises and facilities is at Patron's own risk. 2.2. In exchange for the right to use the facilities, Patron waives any and all claims for injuries or damage to person or property, however caused (including those resulting from negligence, gross negligence, willful or wanton misconduct, or intentional acts), against the owner, operator, agents or employees of Presidential Spa and Mountain Resort. 3. Claims 3.1. Patron agrees that no claim against the owner, operator, agents or employees of Presidential Spa and Mountain Resort shall be valid unless made in writing before Patron leaves the premises. 3.2 Patron hereby waives any longer period of time for asserting any claim or commencing any legal action afforded by any applicable statute of limitations. 3.3 Any claims whatsoever arising out of or related to this agreement shall be decided by arbitration under a single arbitrator, Rudy Jeweleronni or his designee. The award of the arbitrator shall be final, and judgment thereon may be entered in any court having jurisdiction. 3.4 Notwithstanding Section 3.3 above, in the event of litigation, Patron hereby waives trial by jury and consents to jurisdiction and venue in the Dallas Municipal Court, Dallas, Texas. 3.5 All costs and fees of any arbitration or litigation proceeding, including attorneys fees, shall be paid by the prevailing party. 4. Damages and Remedies 4.1. Patron waives any right it may have to consequential, exemplary, punitive, or other damages. 4.2 Patron agrees that its sole remedy under any theory of liability shall be liquidated damages in an amount equal to the price paid by Patron for this lift ticket or for daily admission to the Resort. 11. Tweeter Trumpet's financial holdings have lost all their value. After a Fox News interview in which Trumpet claimed that as president in exile, he had secret