DEFENSES - SPL

Question 1

SPL Defenses

Answer 1

• AR & CF, NOT CN
• the more ridiculous D’s conduct, the less likely it is that he assumed the risk
• trad/402A - CF not a defense, implied AR bars or reduces, express AR bars
• CA/maj - allows CF and reduces, implied AR reduces, express AR bars
• minority - CF is defense, unless it constitutes failure to discover the defect, implied AR reduces, express AR bars