Question
Please address the following fact pattern. Discuss any potential legal issues that you can identify. Discuss any potential claims or defenses. Talk about any legal
Please address the following fact pattern. Discuss any potential legal issues that you can identify. Discuss any potential claims or defenses. Talk about any legal issues that may affect the parties' liability and possible damages. Discuss any additional issues related to business law that may be relevant. Make sure to explain your reasoning in your response adequately.
Bobby owns Bobbys Boats, a sole proprietorship that charters boats on Lake Green for fishing and other water sports. One of Bobbys patrons, Alton, asks Bobby to take him out water skiing. Bobby agrees but advises Alton that he has never taken any of his patrons skiing before. Alton says he is a great skier who is very safe when he skis and that it will be all right. Before they go Alton signs Bobbys Boat's standard contract which includes the language, No patron of Bobbys Boats shall sue the company ever, for anything.
Alton is injured when his head strikes a tree limb as he is water-skiing backward and barefooted. Alton sues Bobby and Bobbys Boats, for causing him to go too close to the riverbank and hit the overhanging limb. A law states, "No person shall operate in a state waterway any boat or vessel, in a dangerous manner, with attached towrope, or other devices, by which the direction, or location, or operation of water skis or other towed recreational equipment may be affected or controlled, so as to cause the equipment or any person thereon, to collide with, or strike against any object or person. Dangerous operation of the towed device is a Class B misdemeanor."
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