Mike decided to take a sky diving class. Before going up in the plane, Mike had to sign an exculpatory clause. After signing the waiver, he went for his first lesson. The instructor, tired of working for low pay, intentionally gave Mike a defective parachute. Mike was critically injured and sued the sky diving company. What will the court do? The court will allow the company to use the exculpatory clause.

The court will rule in favor of Mike and not allow the company to use the exculpatory clause because the conduct was more than negligent.

There is no rule on this issue.

The court will order the company to throw away the exculpatory clauses.

None of the above.