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Question
Lukas Yesser, during a vacation trip on the occasion of his 50th birthday, suffered a severe injury at his right elbow after going down a waterslide at a recreational park. Mr. Yesser sued the park for failing to provide duty of care alleging that the attendant on duty did not provide him instructions on how to properly approach the slide. Mr. Yesser further claimed that the accident was caused by 1) lack of adequate signage and warnings about the hazards of the slide and 2) missing handrails at the entry tub. The Park management responded that the plaintiff voluntarily assumed the risk of injury when he opted to ride the waterslide, as stated in the waiver that he signed at the time of booking; furthermore, Mr. Yesser did not ask for instructions about how to get into the slide, despite the facility attendant was present by the waterslide.
1. What are the legal principles of the law of Negligence that can be applied to this case?
2. What are the legal principles of the Contract law that can be applied to this case?
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