Chapter 14
This defense is viable if an unforeseen natural disaster occurs
What is an Act of God defense?
This occurs when someone understands and voluntarily agrees to accept the inherent risks of an activity
What is assumption of risk?
When negotiating and entering into a contractual agreement with another party, it is required each party deal with one another with honesty and fairness, otherwise the contract, or the breach, may be void. This is called:
What is the covenant of good faith and fair dealing?
This is the percentage of fixed seating a stadium or arena must have for accessible seating per the Americans with Disabilities Act (ADA)
What is 1%?
This defense provides that claims must be filed in a timely fashion
What is statute of limitations?
A common law standard applied to negligence cases, someone who acts correctly under the law and is a basis of comparison to determine how individuals should act in a given situation is referred to as this type of person
What is a reasonably prudent person?
In a premises liability case, the plaintiff will NOT prevail if the danger complained is _____ and _____
What is open and obvious?
This is a contractual provision relieving a party from any liability resulting from a negligent or wrongful act
What is an exculpatory clause?
When audible communications are integral to the use of a stadium, stadium operators are expected to provide, at their expense, these to their patrons who are hearing impaired
What are assistive listening devices?
This U.S. Constitutional Amendment limits the power of the government to take private property for public use
What is the Fifth Amendment?
These statutes provide some level of immunity for private landowners who open their property for use by the public with no fees charged
What are recreational use statutes?
Property owners have a duty to warn of hidden or concealed dangers with respect to these types of people
What are invitees and licensees?
If a major flood destroyed a city, causing it to be left underwater and rendering sports facilities unusable, a party to a contract will be excused from failing to perform their contractual obligations requiring the use of the facility based on this concept
What is force majeure?
The ADA identifies a number of specific sport entities that qualify as public accommodations; however, even if a sport entity is not specifically mentioned in the act, these general categories of places of public accommodation are commonly used to encompass most sport entities
What are places of exhibition or entertainment?
Under premises liability, this duty must be satisfied within a reasonable amount of time
What is duty of repair?
A cause of action of negligence has four elements that must coexist for the plaintiff to go forward with the claim. Name all of these elements
What is:
1. Duty
2. Breach of duty
3. Causation
4. Damages
This rule states that a spectator who is injured by a ball or object from the field of play often may not prevail in a suit against the stadium if the facility provided safety screening in the most dangerous areas in the stadium and enough seats in protected areas to meet ordinary demand
What is the limited duty rule?
This defense can be raised against the enforcement of a contract that is unfair or left the disadvantaged party with an absence of meaningful choice
What is unconscionability?
To determine the reasonableness of a spectator search at a public venue, the courts look to the totality of the circumstances and typically analyze these three factors
What are need, efficacy and nature of the intrusion?
It is important to make important clauses in an agreement noticeable, otherwise known as this
What is conspicuous?
This is the best way to ensure that someone requesting an accessible seat for an athletic event actually has a disability that requires an accessible feature
What is asking the client to attest in writing that they have a disability that requires an accessible seat?