Posted by ChrisM on November 19, 2001 at 16:18:24:
In Reply to: Re: Waivers/duress posted by ken Kurtis on November 19, 2001 at 13:34:26:
Mostly correct. Pretty hard to claim you signed a waiver to go diving under "duress." It's not like a life saving operation where you sign a waiver because you'll die if you don't have it, and then the surgeon screws up. I would love to see someone claim "Theyu made me sign the waiver at the exit gate" and get away with it. Won't happen.
The only real defense is fraud in the factum - meaning you signed something you were told was something else - again, good luck proving that.
There is no such defense as "I didn't read it" or I was forced to sign it"
Simply my .02 and not legal advice in any way