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Amadeus, in New York as a scholarship student at the Julliard School of Music where he is studying the cello, accepted an invitation from his

Amadeus, in New York as a scholarship student at the Julliard School of Music where he is studying the cello, accepted an invitation from his new friend Madonna, to attend a heavy metal concert. The seats Madonna had snagged were very good, a few rows from the stage. Amadeus had recently arrived in the United States for the first time and knew nothing about heavy metal concerts. He told Madonna he didn't even know what a mosh pit was.

During the concert, Ozzie, the lead guitarist and singer for the opening act, Ozzie and the Vandals, took his guitar and smashed it to smithereens on the stage. Pieces of the guitar flew into the audience, striking Amadeus on the fingers, severing his tendons, causing a serious injury and destroying his career as a concert cellist. Amadeus never saw the pieces of the guitar coming towards him because he was looking at his cell phone at a text message. As he was unfamiliar with heavy metal concerts, he did not know that objects occasionally fly into the audience during a concert. Because Madonna explained what a mosh pit was to him, he did know that there was a possibility that band members might fly into the audience, but he never expected the Vandals to destroy their musical instruments.

What arguments would Amadeus make in support of a claim, what defense(s) can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Amadeus against Ozzie and Madonna. Assess the argument that Amadeus assumed the risk against Ozzie? against Madonna?

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