Question
Elizabeth Taylor was a seventeen-year-old competitor in horseback-riding events. Her riding coach was Bob Redford. Taylor signed an agreement that released Redford from all liability
Elizabeth Taylor was a seventeen-year-old competitor in horseback-riding events. Her riding coach was Bob Redford. Taylor signed an agreement that released Redford from all liability except for damages caused by Redford's "direct, willful and wanton negligence." During an event at Northville Downs, Taylor's horse struck a hurdle. She fell from the horse and the horse fell on her, causing her death. Her mother, Lisa Taylor, filed a suit in a Michigan state court against Redford for wrongful death. Is the limitation-of-liability agreement that Taylor signed likely to be enforced in her mother's case?
a.
No because limitation of liability clauses are void against public policy.
b.
Yes becauseRedford's "direct, willful and wanton negligence" was not responsible for her death.
c.
No because the horse obviously would not have missed the jump if not for Redford's "direct, willful and wanton negligence."
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