Super Sal was the manager of a surf shop in Hampton, New Hampshire. He ran the shop, did all the advertising and split the summer's profits with his boss. His boss lent him some money to get him through the season before the split of profits. He signed a promissory note for the loan which stated that he would pay his boss at the end of the season. He hired helpful Harry to assist him with various tasks. The policy of the company, set by the boss, was that no one under the age of twenty-one could rent a surf board without an adult with them. Sal did not like the policy as it cut down on his business and profits. The insurance policy that covered the risks for the surf shop stated that it would not pay any claim for injury for a minor who was not accompanied by an adult. All renters signed an agreement stating that they understood that surfing was dangerous and that they would not hold the surf shop responsible for any injury they suffered while surfing. Sal rented a surf board to Clumsy Cassie who was twenty years old. Harry assisted Cassie and accompanied her as she tried surfing for the first time. A large wave hit Cassie and caused the surf board to hit her in the head. Harry tried to help her but while swimming in with her, he failed to notice another large wave and when that wave hit, both Cassie and Harry suffered injury. Discuss all legal issues.
Because Cassie isn't a minor, which entails being under the age of 18, the agreement that she signed detailing how any surfer couldn't sue the shop for a surfing injury because of the acknowledged dangers associated with surfing, the only legal issue is enforcing the agreement. The agreement represents a contract that is signed on behalf of the company and surfers to protect the company from liability. Therefore, ...
The solution explains the liability and legal issues involved in ignoring an insurance policy in the context of a surf shop.