In thus making Beaver not bound by the exculpatory

In addition, if Beaver entered into contract with the race organizers, she can still disaffirm the contract. A minor may disaffirm a contract at anything by expressing an intent in words or conduct not to be bound. When she filed for neglect this was her expressing she did not want to be bound by the contract anymore. The exculpatory clause cannot be enforced by the court on grounds of lack of capacity. Therefore, the liability arising from the accident lay solely on the organizers of the race. Moreover, the organizers did not find the alleged document that Beaver or her parents signed entering into agreement thus making Beaver not bound by the exculpatory clause.

            Furthermore, if Beaver had stated that she was eighteen years old at the time she signed the exculpatory clause, this means that she would have been able to make sound judgment and make a decision to enter the agreement. In some jurisdictions, the minor would not even be liable for the tort of fraudulent misrepresentation, because such a judgment might force the minor to perform the contract. In other jurisdictions, a minor who has misrepresented his or her age can be bound by a contract under certain circumstances, such as when the contract has been executed, and the minor cannot return the consideration received.

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In this case, I believe that the court would have enforced the exculpatory clause and relieved the race organizers of any liability arising from Beaver’s involvement in the Elkhart Grand Prix. By agreeing to sign the exculpatory clause or through her actions of participating in the race, Beaver released the race organizers from any injury she would suffer while driving the go-carts. She would have been meaningfully aware of the control on legal responsibility of the event. Thus, if she claimed that, she had attained the age of eighteen years; her mere participation of the race would have also been enough for the exculpatory clause to be binding on her. She would have impliedly agreed to the clause relieving the race organizers of any responsibility of injury on her. Moreover, the court would have enforced the contract as Beaver joined the race voluntarily.


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