Question
Rick wanted to go on the zip lines at Grouse Mountain. Before he was permitted to go on the zip lines he was asked to
Rick wanted to go on the zip lines at Grouse Mountain. Before he was permitted to go on the zip lines he was asked to sign a waiver of liability contract.The Grouse employee working at the zip lines told Rick not to worry about clause 3 of the contract which excluded Grouse Mountain from liability for negligence because Grouse never enforced this clause. This clause was printed clearly and was not removed or crossed out when Rick signed the contract.As a result of the employee's negligence in not harnessing Rick properly, Rick fell from the zip line, breaking both legs. Rick has sued Grouse for negligence but Grouse is now relying on clause 3 of the contract saying that they are excluded from liability for negligence. Which of the following statements is most correct?
Group of answer choices
a The Parol Evidence rule doesn't apply here and Rick will win.
b The Parol Evidence rule means that the Grouse Mountain employee will not be able to give evidence in court
c According to the Parol Evidence Rule, only the written contract will be enforced and Rick will lose
d The Parol Evidence rule will allow Rick to prove that clause 3 should be excluded from the contract and he will win
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