Sharon v. City of Newton Case Brief

							Sharon v. City of Newton 437 Mass. 99, 769 N.E.2d 738, (Mass. 2002)
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Sharon was injured during cheerleader practice. Her father had signed a "Parental Consent, Release from Liability and Indemnity Agreement" with the school. Newton asked for and received summary judgment based on the waiver. Sharon appealed on the basis that they didn't realize that they were waiving the right to make claims against the school by signing the form. o Sharon also argued that the waiver was made under duress because she would have been barred from participating in cheerleading if her father hadn't signed it. Appellate Court upheld the Trial Court's decision and dismissed the case. o Appellate Court felt that the waiver was clearly labeled and a reasonable person would have understood what they were signing. o Appellate Court held that Sharon had a duty to read the contract. It's not Newton's fault if the Sharons signed a contract they didn't read or understand. o Appellate Court held that for voluntary activities, like cheerleading, it's a take it or leave it situation (better known as a contract of adhesion). There is no duress. o Could Sharon's father could sign away her legal right to sue? And if so, could Sharon disaffirm the contract under the infancy doctrine, which gives minors the right to repudiate contracts under certain circumstances?  Here, the Court said that the infancy doctrine does not apply. The purpose of permitting minors to void contracts is to afford them protection from "their own improvidence and want of sound judgment." In this case, the father's judgment sufficed.  Other Courts have said the opposite!

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