MBE Rules · Torts
Assumption of risk
The rule
Express AoR: written or oral agreement to relieve defendant of liability for negligence (subject to public-policy and unconscionability limits). Implied AoR: voluntary encounter with known risk. Most modern jurisdictions merge implied AoR into comparative-fault analysis.
In plain English
If you know something is risky and choose to do it anyway, you might not be able to sue if you get hurt. Sometimes, you might even sign something saying you won't hold someone responsible.
Worked example
A customer at a theme park signs a waiver before riding a roller coaster. If the ride is safe but the customer still gets hurt, they might not be able to sue because they accepted the risk.
Memory hook
Assume the risk, take the hit. Express = agreement; Implied = voluntary tango with danger.
The trap
Students think: Implied AoR always bars recovery. Wrong, because it's often merged into comparative fault. The actual test is if the plaintiff knowingly faced the risk.
How examiners test it
The MBE loves: plaintiff engages in risky activity (e.g., sports). Trap: assuming implied AoR bars all claims. Focus on whether risk was known and voluntary, then analyze comparative fault.
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