Recently a Nova Scotia university made the decision to hold classes in person rather than online. Aware that there is a continuing risk associated with Covid 19,

Recently a Nova Scotia university made the decision to hold classes in person rather than online. Aware that there is a continuing risk associated with Covid 19, the school is asking students to enter into a contract that purports to waive liability if a student contracts the illness. The waiver includes the following clause, highlighted in yellow:

In consideration of University allowing me to attend and to participate in University activities, I hereby agree TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the University and to RELEASE THE UNIVERSITY from any and all liability for any loss, damage, illness, sickness, expense or injury including death that I may suffer of that my next of kin may suffer as a result of Covid 19…DUE TO ANY CAUSE WHATSOEVER INCLUDING NEGLIGENCE. NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE UNIVERSITY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM COVID 19 RISKS. 1. Refer to our discussions on exclusion clauses in cases like Tilden v Clendenning. If a student contracts Covid 19, will the University be able to rely on this clause? Why or why not? For the purposes of this question, assume that the contract has been validly formed (no defects). (12.5 marks) 2. If you are a student impacted by Covid 19, discuss whether this waiver is Defective on the basis of Unfairness (a contractual defect – Lesson 5) (12.5 marks)