The Court of Appeals reversed lower courts, which had applied the usual liabilitytest for injuries by domestic animals, such as dogs or even aggressive bulls, based on their vicious tendencies.
With the latter two tests satisfied, all that separates X Co. from a 2012 bonus deduction is the first test: the fact of the bonus liability must be fixed during 2012.
If the test is that important, and the health and safety of the student athlete is paramount, why is a liability waiver sufficient cause to say never mind to the test?