Determining the enforceability of the waiver

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Reference no: EM133671359

Question

Two university-aged friends agree to go skiing. One recently immigrated to Canada and had never seen snow nor been skiing. The other learned how to ski as a child, was an expert skier, and had a season pass for the last five years at another ski hill. The manner in which they bought their day passes and signed the waivers was rushed, and when asked by the inexperienced skier if he could sue if he was injured, the staff member administering the waiver said, "I'm sure you could, ya." He subsequently broke his leg badly on a black diamond (advanced) run and sued the ski hill.

1. What would the Court look at in determining the enforceability of the waiver?

2. Would the outcome be different if it were the expert skier that was injured?

Reference no: EM133671359

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