Practice question
A participant acknowledges ordinary risks inherent in an activity. An injury later arises from a separately proved negligent danger outside the acknowledged ordinary risk. The organizer argues that participation alone conclusively waives every negligence claim. Which is best?
- Every voluntary activity waives all possible negligence.
- Every known ordinary risk authorizes every unrelated danger.
- A participant automatically waives future fraud by attending.
- The scope and legal validity of the alleged waiver or assumed risk must be established; participation alone does not conclusively establish the asserted unlimited release.
- No risk acknowledgment can ever have any lawful effect.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 6 and1171.
- https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html — RA 7394, article106: prohibited exoneration clauses for the specified consumer damages.
- https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html — Abrogar v Cosmos Bottling, GR 164749, March 15 2017, main opinion: waiver and assumption-of-risk issues in the negligence setting.
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