Chapter 5

Question 1

Explain defense, not endowed with reason

Answer 1

They don’t know what societies rules of conduct were

Question 2

Explain defence superior force

Answer 2

And unforeseeable act of God, or nature was the cause

Question 3

Explain defense, voluntary assumption of risk

Answer 3

The assumption of risk by the victim, although it may be considered imprudent, having regard to the circumstances does not entail renunciation of his remedy against the author of the injury
Volenti non fit injuria
Defendant must prove the plaintiffs understanding and complete acceptance of the risk

Question 4

Explain limiting liability

Answer 4

A person cannot have someone waive their rights unless:
They create a notice, stating their limitations under contract and prove the other party was aware such limitations when the contract was formed and
They create a notice of danger and prove the other party was aware of such danger