Assumption of Risk

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Assumption of Risk

1. In law, an agreement by which one party takes on the risk of another party, often for some compensation.

2. In torts, a defense in a lawsuit in which the defendant argues that the plaintiff took a risky action after having been informed of risks in such a way that a reasonable person would understand such risks. This limits the defendant's liability in the lawsuit. However, some states limit the use of the assumption of risk defense.
References in periodicals archive ?
This is an important normative ground of role-duties because it, unlike the grounds of natural duty or voluntary assumption, ensures that the duties it grounds are not alien impositions but rather are elements of the identifying agent's wellbeing.
When faced with the unprecedented phenomenon of injured workers suing their employers for compensation, nineteenth-century judges in England and the United States constructed a trilogy of employer defenses that severely limited employers' liability: voluntary assumption of risk, the fellow-servant rule, and contributory negligence.
Similarly, theories of subrogation and voluntary assumption of risk are also incapable of deciphering the limits imposed.
Women's high status in Ashkenaz is demonstrated, as well, in their increased involvement in Jewish religious life, including the voluntary assumption of religious practices from which they were exempt in talmudic Judaism.
One must take into account voluntary assumption of liability.
Voluntary assumption of risk argues that the participant voluntarily assumed the risk of injury (see For The Thrill Of One's Life p 27).
The Canadian courts are inconsistent on whether the participation in inherently dangerous activities automatically constitutes a voluntary assumption of all risk.
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