Fred Sweet runs one of those Arthur Murray-style dancing classes for middle-aged and elderly people. Some of Fred’s customers lack physical…

Fred Sweet runs one of those Arthur Murray-style dancing classes for middle-aged and elderly people. Some of Fred’s customers lack physical coordination, and injuries from kicks, falls, etc. are more common than you’d think. Fred naturally fears that injured customers will sue him in negligence. Thus, he makes each customer sign a written contract containing a clause relieving Fred of all liability for injuries suffered during his dancing classes. However, fearful that he will lose business if potential customers become aware of his strategy, Fred states the clause in fine print and doesn’t point it out to them. An injured customer sues Fred in negligence. Fred wants to defend on the basis of the clause in the contract. Which of the following is the biggest weakness in Fred’s position?

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