Question
Please use legal reasoning (FIRAC) to respond to this assignment. J.T., a minor , is a motocross competitor. At Monster Mountain MX Park, he signs
Please uselegal reasoning(FIRAC) to respond to this assignment.
J.T.,a minor, is a motocross competitor. At Monster Mountain MX Park, hesigns a waiverof liability to "hold harmless the park for any loss due to negligence." Riding around the Monster Mountain track, J.T. rides over a blind jump, becomes airborne, and crashes into a tractor that he does not see until he is in the air. To recover for his consequentinjuries,J.T. files a suitagainst Monster Mountain, alleging negligence for its failure to remove the tractor from the track. Does the liability waiver bar this claim?
Facts:
- A minor signs a waiver
- The minor is injured by Defendants negligence
- Minor brings a lawsuit for damages
Issue:
Whethera waiver is enforceablewhensigned by a minor?
Rule:
A Minors Right to Disaffirm
- Contract between minor and adult
- during minority or for a reasonable time thereafter.
Analysis
- Minor - JT is a minor
- Contract - the waiver is a contract
- Disaffirmance - JT sues for injuries thereby disaffirming the waiver.
Conclusion
Awaiver is unenforceablewhensigned by a minor.
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