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Space Ventures is a new business created to send paying clients on a trip of a lifetime to the moon aboard its spaceship, the Escapade.

Space Ventures is a new business created to send paying clients on a trip of a lifetime to the moon aboard its spaceship, the Escapade. This spaceship is equipped with a vehicle escape system using parachutes to allow passengers to return safely to the ground should a malfunction occur during the spaceship's ascent. This system is widely used and listed in the Rocket Industry Standards Manual as being "sufficient to provide adequate safeguards."

Recently, a new system has become available that uses rockets to navigate the escape capsule back to the ground much more safely. However, this new system is also much more expensive than the parachute system and has not been tested in real-life situations. Space Ventures decided to stick with its tried-and-true parachute system.

Paula, who wanted an adventure, decided to purchase this trip from Space Ventures. She signed a contract containing this statement: "Although Space Ventures has taken all reasonable measures to provide a safe voyage, I understand that space exploration is dangerous."

On the day of the liftoff, the weather was beautiful, and all systems were working as designed. But shortly after takeoff, a totally unpredictable violent storm arose, blowing the Escapade off course. There was no way to correct for the deviation, so Space Ventures activated the escape system, which deployed as designed. Unfortunately, the storm caused the escape capsule to crash to the ground. Paula was critically injured but survived. Investigations after the accident indicated that the new rocket escape system might have led to a better outcome.

  1. What tort cause(s) of action may Paula reasonably bring against Space Ventures? Discuss.
  2. What defense(s), if any, does Space Ventures have? Discuss

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