Asked by Letty Lopez on May 18, 2024
Verified
Rebecca goes for a ride in Owen's car,even though he has told her that the car's brakes frequently fail.In case of any injuries due to this defect,Rebecca would be said to have:
A) an implied assumption of risk.
B) contributory negligence.
C) strict liability.
D) negligence per se.
Implied Assumption
Implied Assumption refers to an unstated understanding or expectation inherent within a contract or agreement, based on the nature of the transaction and parties' conduct.
Contributory Negligence
A legal doctrine that can limit the liability of the defendant if the plaintiff is found to have contributed to the harm they suffered.
Strict Liability
A legal doctrine under which a party is held responsible for damages or harm caused by their actions or products, without the need to prove negligence or intent.
- Master the theories of contributory negligence, comparative negligence, and assumption of risk, and understand their effects on liability and damage calculations.
- Understand the juridical hypotheses and defenses in negligence disputes, inclusive of res ipsa loquitur, assuming risk, and exculpatory clauses.
Verified Answer
LG
Leslie GuzmanMay 21, 2024
Final Answer :
A
Explanation :
Any voluntary consent to a known danger constitutes an assumption of risk on the part of the plaintiff.
Learning Objectives
- Master the theories of contributory negligence, comparative negligence, and assumption of risk, and understand their effects on liability and damage calculations.
- Understand the juridical hypotheses and defenses in negligence disputes, inclusive of res ipsa loquitur, assuming risk, and exculpatory clauses.