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Old July 2nd 10, 02:59 AM posted to rec.skiing.backcountry
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Default more Canada

Canada uses LOL clauses,or limitation of liability. As much screaming as I
hear about tort reform in the US, I never hear them suggesting this model.

Apparently enforceable unless unconscionable unless one of the parties where
there is some inequality in bargaining power.

So if someone smashes their head skiing like Natasha Richardson, and the
doctor says eh it's ok but then she takes a turn for the worse. Would you
have to sign a contract before even getting the care and release liability
over lol?

or could you pass a law forcing everyone to accept lol in medical
situations.

I hear republicans yell a lot about how the obama care will be
unconstitutional because it forces people to buy things, and thus deprives
them of property. Don't know how this will go down in the courts.
But I also hear republicans yell a lot about tort reform and liability caps
Why is the obama care not constitutional but taking away people's right to
contract for medical care include liability limits is ok.

what if natasha had hit her head, knew she was gonna die, but the doc
wouldn't treat her unless she signed an LOL before he treated her. What if
he were the only specialist available capable of doing brain trauma cases.
isn't natasha under duress to accept the contract with the lol. how is that
even fair

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