Assumption of Risk

(redirected from Voluntary Assumption)
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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.
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References in periodicals archive ?
In addition, Charron's "active participation in seeking to identify a friendly buyer and his denial of a sale of the assets in violation of the injunction when questioned in December of 2008, are indicative of the inability to separate his voluntary assumption of both roles," the court wrote.
In particular, the review covers relevant law from selected cases that examines foreseeability and duty of care for exercise professionals and the voluntary assumption of risk for exertional rhabdomyolysis for exercise participants.
And this is not a question of voluntary assumption of this obligation.
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 subcontractors sign subcontracts with such language, this evidences to a court an intentional and voluntary assumption of the risk of owner non-payment by the subcontractor, which might then let the general contractor "off the hook" as to its obligations to pay the subcontractor when the owner does not pay.
Unfortunately, however, it is sometimes suggested that it is analogous to, or a variant of, the plea of voluntary assumption of risk.
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.
Similarly, people who suffered injuries because of someone else's negligence, but while pursuing some inherently dangerous activity, such as extreme sports, saw the negligent defendant defeat their claims under the doctrine of "voluntary assumption of risk." Today, such a mistake rarely bars compensation.
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