by accepting the benefits of that agreement. Explain whether Bagley has ratified the contract.
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On September 29, just under two weeks before his eighteenth birthday, Bagley, a highly skilled and experienced snow-boarder, purchased a season pass from Mt. Bachelor ski facility. Upon purchasing the season pass, he executed a release agreement as required by Mt. Bachelor. The significant portions of the release agreement were also printed on the pass. Beginning on November 18, after his eighteenth birthday, Bagley used his season pass to ride Mt. Bachelor’s lifts at least 119 times over the course of twenty-six days spent snowboarding at the ski area. However, on February 16 of the following year, while snowboarding over a manmade jump in Mt. Bachelor’s “air chamber” terrain park, Bagley sustained serious injuries resulting in permanent paralysis. Bagley sued Mt. Bachelor for negligence, claiming that he had timely disaffirmed the release agreement by notifying Mt. Bachelor of the injury. Mt. Bachelor argued that Bagley had manifested his intent to ratify (a) by failing to disaffirm the voidable release agreement within a reasonable period of time after reaching the age of majority. On September 29, just under two weeks before his eighteenth birthday, Bagley, a highly skilled and experienced snow-boarder, purchased a season pass from Mt. Bachelor ski facility. Upon purchasing the season pass, he executed a release agreement as required by Mt. Bachelor. The significant portions of the release agreement were also printed on the pass. Beginning on November 18, after his eighteenth birthday, Bagley used his season pass to ride Mt. Bachelor’s lifts at least 119 times over the course of twenty-six days spent snowboarding at the ski area. However, on February 16 of the following year, while snowboarding over a manmade jump in Mt. Bachelor’s “air chamber” terrain park, Bagley sustained serious injuries resulting in permanent paralysis. Bagley sued Mt. Bachelor for negligence, claiming that he had timely disaffirmed the release agreement by notifying Mt. Bachelor of the injury. Mt. Bachelor argued that Bagley had manifested his intent to ratify (b) by accepting the benefits of that agreement. Explain whether Bagley has ratified the contract. |
Part A
Explanation
Bagley, a highly skilled and experienced snowboarder purchased a season pass from Mt. Bachelor on 29th September, just two weeks under for his 18th birthday and also executed an agreement as per the requirement of Mt. Bachelor.
It is evidence that all the significance provisions of the agreements were also displayed on the season pass as well and starting from November 18th, Bagley has used the pass for around 119 times within the span of 26 days snowboarding.
The following year on February 16th, Bagley met with serious injuries resulting in permanent paralysis while riding on a man - made jump in the Terrain Park.
Bagley sued Mt. Bachelor for their negligence.
Bagley has a ratified contract based on the following reasons:
By being an experienced snowboarder, Bagley must be fully aware on the safety norms and conditions given in the agreements while joining such facilities and moreover, with all knowledge he has released an agreement.
It is evident that the facility services were utilized more or less on a continuous basis and has failed to raise a concern about safety or any other related provisions during all this period of time.
Hence the agreement made with the consent of both the parties with the complete knowledge cannot be voided.
It is possible under few stances provided within the reasonable period of time.
Answer
Bagley, a highly skilled and experienced snowboarder purchased a season pass from Mt. Bachelor on 29th September, just two weeks under for his 18th birthday and also executed an agreement as per the requirement of Mt. Bachelor.
It is evidence that all the significance provisions of the agreements were also displayed on the season pass as well and starting from November 18th, Bagley has used the pass for around 119 times within the span of 26 days snowboarding.
The following year on February 16th, Bagley met with serious injuries resulting in permanent paralysis while riding on a man - made jump in the Terrain Park.
Explanation
The ratification of the contract is done through the consent of the party. Individual B has given the acceptance and agreed to the pass. Individual B has also utilized the pass 119 times. So, the contact cannot be disaffirmed since the benefits are utilized by Individual B.
Verified Answer
Individual B has ratified the contract through their actions, even though minors have the right to disaffirm a contract in a reasonable time after the age of maturity.
Individual B has used the given pass numerous times, in a period of 26 days as per the agreement. So, Individual B has accepted the benefits from the agreement.
