Capacity and Legality

William Michael Jones, a 17-year-old minor, signed a contract with Free Flight Sport Aviation, Inc. (Free Flight), for the use of recreational sky-diving facilities. A covenant not to sue and an exculpatory clause exempting Free Flight from liability were included in the contract. One month later, Jones attained the age of majority (18 years of age). Ten months later, while on a Free Flight skydiving operation, the airplane crashed shortly after takeoff from Littleton Airport. Jones suffered severe personal injuries. Jones filed a suit against Free Flight, alledging negligence and wanton misconduct.

The trial court granted summary judgment in favor of Free Flight. The Colorado court of appeals affirmed. Jones appealed.

Did Jones ratify the contract? Discuss

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