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About LinkBackswhy use waivers? what are they for? what's the point to them?
(not trying to debate, just asking questions)
why use waivers? what are they for? what's the point to them?
(not trying to debate, just asking questions)
Waivers for what?Originally Posted by Aurora151989
Your going to have to be specific about what your talking about.
I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
—Adam Shepard
like a medical waiver, or those waivers you sign when doing potentially dangerous activities like horse riding.
ex, by signing this i agree not to sue if anything happens, or you are absolved of all responsibility for whatever
my mom told me before that all a waiver does is make a person think they can't sue if they sign one, but it really doesn't hold up in court for some reason and the person can still sue
Waivers aren't upheld in court? They are and they aren't - for a variety of reasons.
Take your example of a waiver when horseback riding. Say you go out and the horse stumbles, breaks his leg, tosses you and you break your arm.
If the court finds that the horse, say, had rickets which was caused by malnutrition and neglect - and it was at fault of the handlers and caregivers and that is what led to your injury - then the waiver would likely be overridden.
If something different happened - say - if someone tried to get a horse to jump a step incline and the horse couldn't get to the top, fell and the person broke their arm. The court would consider the details of the case and maybe deem that the individual rider was negligent and didn't have the right to a claim.
It all depends on what happened, how it happened and who it happened to.
That's only referring to lawsuits, though. Waivers are also applied for insurance purposes. If you're visiting the ranch and a horse kicks you - their insurance is usually the ones to cover the cost for your care. However, if you sign a waiver you might be the one to cover the cost for your care, not their insurance company.
Same thing for pets. If someone's dog gets out of the fence and attacks someone the owner's insurance will cover it. However, if the attacked individual had signed a waiver then the insurance company would not be liable for the cost of care unless it's proven in court that the owner somehow is responsible - say - if the owner gave the dog a command to attack.
That is only one type of a waiver, of course. Other waivers are there to give special permission or acknowledgment which is generally not done. An example is a waiver to enter the military if you're over the cut-off age but otherwise are in ideal physical or mental condition.
Last edited by Aunt Spiker; 03-12-10 at 07:37 AM.
Wake up, son of mine. . . .Momma got something to tell you. . . .Changes come. . . .Life will have its way with your pride, son. . . .Take it like a man.
<--- that!
They are for people protecting themselves from stupid people who blame others for their mistakes.
You can still sue no matter what.
It doesn't mean that the judge won't throw you out of court because yous signed it.
Depending on how it is worded and enough (the legal form of consideration) consideration is given it can or cannot hold up in court.
I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
—Adam Shepard
ahh ok, thankee all
No problem, remember everything can be taken to court.ahh ok, thankee all
Even if you sign an arbitration agreement, you can still take that to court.
The judge may tell you that he/she can not do anything because you signed the agreement.
[ame=http://en.wikipedia.org/wiki/Contract]Contract - Wikipedia, the free encyclopedia[/ame]
Take particular note of the 5 key requirements of contract formation.
I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
—Adam Shepard
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