Asked by Letty Lopez on May 18, 2024

verifed

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.
verifed

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.