Is the release from liability clause enforceable

Assignment Help Operation Management
Reference no: EM132263756

CASE STUDY TEXT : Unconscionable Contracts or Clauses

Geographic Expeditions, Inc. (GeoEx), which guided climbs up Mount Kilimanjaro, required climbers to sign a release to participate in the expedition.

The form required disputes to be submitted to arbitration in San Francisco, limited damages to the cost of the trip, and included a clause which released GeoEx from all liability in the event of physical injury no matter who is at fault. GeoEx told climbers that the terms were nonnegotiable and that other travel firms offering the same or similar services imposed the same terms on their customers.

Jason Lotka singed the release and participated in one of the GeoEx expeditions. Unfortunately, he died on the GeoEx climb. His mother filed suit in a California court against GeoEx. GeoEx sought to have the case dismissed and to force the mother to engage in arbitration in San Francisco.

Are both the arbitration and limitation on damages clauses unconscionable contract clauses? Why or why not? Explain the basis for your conclusions.

Is the release from liability clause enforceable?

What factors will a court examine in determining if a release (exculpatory) clause should be enforced? Under what circumstances is a court likely to enforce such an exculpatory clause?

Reference no: EM132263756

Questions Cloud

Regarding communication in the workplace : Regarding communication in the workplace. In about three paragraphs, list three tools that you as a manager would use and how you would use them
Stress and aggression in the workplace : Stress and aggression in the workplace. In about one page, discuss how you as a manager would approach a subordinate with a high stress level
Which of the five conflict styles is most difficult : Which of the five conflict styles is most difficult for you to implement? Why? As a leader, when is it appropriate for you to engage in conflict?
Discuss why hmos were formed in the first place : Discuss why HMOs were formed in the first place. What were some of the forces that they were established, in response to?
Is the release from liability clause enforceable : Are both the arbitration and limitation on damages clauses unconscionable contract clauses? Why or why not? Explain the basis for your conclusions.
Corporate stockholders faces from investors : putting in consideration the pressure that the corporate stockholders faces from investors, shareholders, customers and nonprofits to ensure sustainability
Natural disasters such has hurricane katrina : During Hurricane Katrina, how could have healthcare enterprises improved their delivery of services during the disaster?
What in particular felt like it described your style well : Did the Myers Briggs Style that was generated after you answered the questions in the inventory feel like a "fit" for you? ?
Balance profit and other business objectives : Society often expects a lot from business. is it possible to balance profit and other business objectives with the goals and desires of society?

Reviews

Write a Review

Operation Management Questions & Answers

  Evaluate the effectiveness of each of the tools

Identify five advertising/promotional tools used by this company. Evaluate the effectiveness of each of the tools in reaching the target market.

  Increase the number of medicaid beneficiaries

A county health department wants to increase the number of Medicaid beneficiaries that participate in prenatal care. It knows that only 40 percent of the expectant mothers eligible for prenatal care fully use the benefit.

  What is the value of buzz

One of the classic debates in the popular press is whether all buzz or word of mouth--positive and negative--is good for a brand. Some feel that "any press is good press" and that as long as people are talking, that is a good thing. Others challenge ..

  Creation of alternative governance structures

Present your ideas regarding the existence or creation of alternative governance structures as well as the appropriate role of the SEC and other regulatory agencies in determining the behavior of the firm and its management. (no specific firm)

  Environments in terms of their most stressful work demands

What are the similarities between work environments in terms of their most stressful work demands?

  Risks from the perspective using the framework

Consider the benefits & risks from the perspective using the framework of the 4P model of key stakeholders: Patients (domestically & internationally) Professionals (domestically & internationally) Payers (public & private) Policymakers (local, state,..

  Communicating the value of product to potential customers

A friend of yours comments, "I'm starting my own business. I have a perfect product that no one else can touch, but I have no use for marketing. That's just for the mega-corporations." Which of the following arguments would you not use in talking abo..

  Determine the maximum queue lengt

You are to simulate arrivals and departures from a fictional airport with a single runway which has a capacity of handling a total 6 aircraft at once (any mix of takeoffs and landings).

  Lan entered into value-added reseller agreement

Lan entered into a value-added reseller (VAR) agreement with NetScout to resell NetScout’s software to its customers.

  What are advantages and risks of competitor-based pricing

What are the different types of e-commerce and explain in detailed? What are the advantages and risks of competitor-based pricing?

  Benefits of having everything connected in business world

What do you see as the benefits of having everything connected in the business world? Please describe several that are important to you.

  Organizations operating globally install control mechanisms

Organizations operating globally install control mechanisms to help manage operations.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd