Upgrade to remove ads
Assumption of Risk
Terms in this set (3)
Express Assumption of Risk
1. Did the terms cover negligent act
2. Was P aware of the terms or should have known them reasonably
3. Was there Procedural unconscionability? (Something unfair/ adhesion contract, unequal bargaining power, adversely effect public policy, was P under control of D)
If yes, no liability for D. If no, go to implied assumption of risk.
Primary Implied Assumption of Risk
• Determine if D had a duty or no duty to behave reasonably.
o Did P belong to a class of worker that should objectively know about hazard and assumes risk (like a firefighter-Hacker case)
o No Duty if lacked knowledge (subjective) or not part of class (objective)
• If no duty exists, stop
• If Duty exists, move onto secondary implied assumption of risk
Secondary Implied Assumption of Risk. If doctrine is allowed
1. Did P know of risk (R2T 496(d))?
2. Appreciate the magnitude of risk
3. Have particular knowledge of risk?
4. Did P do it voluntarily
OTHER SETS BY THIS CREATOR
Market Share Liability
Civ Pro 2