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I need a detailed and well explained answer at least 500 words. Thanks Question

ID: 426456 • Letter: I

Question

I need a detailed and well explained answer at least 500 words. Thanks

Question # 1: Neal, a twelve-year old boy, buys a pair of skis from Outdoor Outfitters (“OO”). He tells the salesperson that he has never been skiing but “he really wants to do it.” The OO salesperson urges Neal to take a lesson in the sport before participating in a run. Neal ignores this advice. The skis were not defective in design or construction. On his first run down the intermediate slope he loses control and runs into a tree. He suffers a broken leg, assorted cuts and bruises and he has concussion symptoms. Neal’s parents file a lawsuit against OO alleging that it should not have sold the skis to him when he was clearly too young and inexperienced. Discuss the theory of liability upon which the lawsuit is based and what, if any, defenses OO may raise.

Explanation / Answer

Outdoor Outfitters can defend itself by:

An assumption of risk is either implied or expressed. An implied assumption of risk is written or stated out aloud. Instead, the plaintiff knows the risk and takes part in it. An express assumption of risk is in the writing format.

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