Defense of Negligence

Question 1

What is the difference between implied consent and implied assumption of risk?

Answer 1

Implied consent/license: Based on the situation, I agree to (x) happening. (X) is an incidental byproduct of the activity.

Implied assumption of risk: Based on the situation, I agree to the chance that (x) might happen. This is bad, but I’m willing to accept the risk that it may/may not happen.

Question 2

Assumption of Risk

Answer 2

1. The first might be thought to have the plaintiff’s knowledge of the risk essentially render the defendant’s actions non-negligent to begin with
2. Another pattern of assumption of the risk is when a defendant’s negligence is acknowledged by the plaintiff and the plaintiff moves ahead nonetheless.

a. Another way to think of this is that you yourself were negligent — breaching a duty owed to yourself to keep yourself safe. That’s contributory (or comparative) negligence, which makes one wonder, then, what’s left for assumption of the risk to do as a doctrine?
b. Reason with common knowledge and look at the circumstance.

Question 3

Primary assumption of risk

Answer 3

Experienced participants understand and assume the risk of participating in the activity.

Question 4

Implied assumption of risk

Answer 4

There were consenting to the parameters of the situation.

Question 5

Express assumption of risk

Answer 5

When the assumption of risk is written in a contract.

Question 6

CONTRIBUTORY NEGLIGENCE

Answer 6

NOT A DEFENSE TO INTENTIONAL, RECKLESS, WILLFUL OR WANTON CONDUCT: