Question
Roxy's is a restaurant famous for its steaks. One evening, Sheela goes to dinner at Roxy's. She orders one of Roxy's famous steaks. When ordering,
Roxy's is a restaurant famous for its steaks. One evening, Sheela goes to dinner at Roxy's. She orders one of Roxy's famous steaks. When ordering, Sheela tells Diana the waitress that she is severely lactose intolerant and cannot eat any dairy products. She asks Diana to instruct the kitchen staff not to use butter (or other dairy products) in her meal. That night it is particularly busy at Roxy's and Diana forgets to tell the kitchen staff about Sheela's instructions. As a result, Sheela's steak is cooked with butter. Sheela eats her steak not knowing about the butter. That night, Sheela suffers terrible stomach problems (I will spare you the gory details...). She goes to the emergency room, where she finds out that the butter in the steak has caused her stomach problems. Sheela wants to be compensated by Roxy's and threatens to sue Roxy's for negligence. In return, she is told by Roxy's lawyers that she has no claim against Roxy's because, at the bottom of the last page of Roxy's 5- page menu, it says, in tiny font: "Roxy's is not liable for any and all injury, harm, and damages that may be caused to its customers. The customers hereby agree to waive their rights to sue Roxy's, including its directors, officers, employees and agents, from and for any and all claims for damages, injuries and losses caused to the customers by Roxy's and/or its employees, including due to Roxy's negligence". Assuming Sheela has a claim against Roxy's for negligence, has Sheela legally waived her right to sue Roxy's? Answer the question by: (a) identifying the legal issue; (b) stating the law or legal test; and (c) applying the law to the facts.
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