Question

In: Operations Management

Shannon was a talented hockey player and started playing competitively in 2014 when he was sixteen....

Shannon was a talented hockey player and started playing competitively in 2014 when he was sixteen. Many of the tournaments required participants to sign an exculpatory clause in order to participate. One of Shannon’s parents signed the agreements. In 2016, Shannon participated in the regional hockey championships in Atlanta Georgia. During the event, several players crashed into each other and Shannon sustained an injury to his back, leaving him partially paralyzed. Shannon filed a negligence lawsuit against the tournament organizers. The organizers could not find the exculpatory clause that Shannon signed for the event. The organizers argued that Shannon must have signed the agreement to enter the tournament, but even if he had not signed one, his participation in the event demonstrated his intent to be bound by the terms of the agreement.

  • Did Shannon have contractual capacity to enter the contract? Why or why not?
  • If Shannon did not actually sign the exculpatory clause, could a court conclude that he impliedly accepted its terms by participating in the tournament? Why or why not?
  • How would you rule in both of these situations? Support your answer with scholarly material and case law.

Solutions

Expert Solution

1.Talking aboutabout Shannon whether he should have contractual capacity to enter the contract, he should have sign the contract by himself if he was going to play hockey internationally. See their are some protocols every one has to follow before entering any event or organisation.it was not his parents obligation to sign the documents rather than he should have done by himself.

2. If Shannon has not signed the documents by himself no court in any part of the world would accept his terms in participating in the event. Jurisdiction body can take legal action and will not favour in any way.

I will definitely in favour of going through proper channel in any situation or act. In this case if I would be in place of Shannon I would definitely sign that documents properly before entering in the hockey tournament so that if suppose any misshapen is there I could proceed court or whatever may be any jurisdiction with proper proceedings so that court can hear you and can favour as well.


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