Textbook Notes (368,314)
Canada (161,809)
Commerce (379)
COMM 393 (60)
Chapter

Case Brief - Dawe v. Cypress Bowl Recreations Ltd – EXEMPTION CLAUSES.docx
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Department
Commerce
Course
COMM 393
Professor
Patricia Mallia
Semester
Fall

Description
DawevCypressBowlRecreationsLtdEXEMPTIONCLAUSESFactsDefendant applies for an order under Rule 18A for an order declaring that the Plaintiff is precluded by the provisions of the Exclusion of LiabilityAssumption of Risk Agreement set out in tickets which he purchased at the ski resort from recovering from the Defendant for any damage injury loss or expense which may have been sustained by the Plaintiff as a result of any negligence as alleged against the Defendant and its agents servants and employees and for an order dismissing this action against the Defendant with costs pursuant to Rule 18A of the Rules of Court Issues1 Is the Plaintiff bound by the conditions excluding liability as set forth on the day pass and notice signLegal Principles Dawe v Cypress Bowl states that in order for exclusion clauses of any sort to be binding Seller must do what is reasonable to bring terms to buyers attentionoLanguage should be clearunambiguous clause should be bo
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