Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review substantive areas of the law that you're likely to encounter on the bar exam. This time, we're looking at assumption of risk as a defense to negligence in Tort law.
In this episode, we discuss:
- A review of the rule for assumption of risk
- What are some common situations that trigger this defense?
- Express vs. implied assumption of risk
- The Professional Rescuer Rule
- How a small change in the facts can alter the outcome of the question
- Why your analysis on a bar exam essay is ultimately more important than your conclusion
Resources:
- Bar Exam Writing Help (https://barexamtoolbox.com/bar-exam-writing-help/)
- California Bar Examination – Essay Questions and Selected Answers, February 2011 (https://juraxbar.com/wp-content/uploads/2016/04/February-2011-CBX.pdf)
- Podcast Episode 87: Listen and Learn -- Homicide (https://barexamtoolbox.com/podcast-episode-87-listen-and-learn-homicide/)
- Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/)
- Podcast Episode 89: Listen and Learn – What Is Hearsay? (https://barexamtoolbox.com/podcast-episode-89-listen-and-learn-what-is-hearsay/)
- Podcast Episode 91: Listen and Learn – Logical and Legal Relevance (https://barexamtoolbox.com/podcast-episode-91-listen-and-learn-logical-and-legal-relevance/)
- Podcast Episode 92: Listen and Learn – Subject Matter Jurisdiction (https://barexamtoolbox.com/podcast-episode-92-listen-and-learn-subject-matter-jurisdiction/)
- Podcast Episode 93: Listen and Learn – Constructive Eviction (https://barexamtoolbox.com/podcast-episode-93-listen-and-learn-constructive-eviction/)
- Podcast Episode 95: Listen and Learn – Promissory Estoppel (https://barexamtoolbox.com/podcast-episode-95-listen-and-learn-promissory-estoppel/)
- Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/podcast-episode-97-listen-and-learn-the-reasonable-person-standard/)
- Podcast Episode 98: Listen and Learn – The “Battle of the Forms” Under UCC 2-207 (https://barexamtoolbox.com/podcast-episode-98-listen-and-learn-the-battle-of-the-forms-under-ucc-2-207/)
- Podcast Episode 101: Listen and Learn – Present Sense Impression vs. State of Mind (https://barexamtoolbox.com/podcast-episode-101-listen-and-learn-present-sense-impression-vs-state-of-mind/)
- Podcast Episode 102: Listen and Learn – The Statute of Frauds (https://barexamtoolbox.com/podcast-episode-102-listen-and-learn-the-statute-of-frauds/)
- Podcast Episode 103: Listen and Learn – Assault and Battery (https://barexamtoolbox.com/podcast-episode-103-listen-and-learn-assault-and-battery/)
- Podcast Episode 104: Listen and Learn – Intentional Torts: Defamation (https://barexamtoolbox.com/podcast-episode-104-listen-and-learn-intentional-torts-defamation/)
- Podcast Episode 105: Listen and Learn – Public and Private Nuisance (https://barexamtoolbox.com/podcast-episode-105-listen-and-learn-public-and-private-nuisance/)
Download the Transcript (https://barexamtoolbox.com/episode-107-listen-and-learn-assumption-of-risk-torts/)
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Thanks for listening!
Alison & Lee