Welcome back to the Law School Toolbox podcast! Today, in another "Listen and Learn" episode, we're focusing on 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 law school essay is ultimately more important than your conclusion
Resources:
- “Listen and Learn” series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- California Bar Examination – Essay Questions and Selected Answers, February 2011 (https://juraxbar.com/wp-content/uploads/2016/04/February-2011-CBX.pdf)
- First-Hand Guide to 1L Courses – Torts (https://lawschooltoolbox.com/first-hand-guide-to-1l-courses-torts/)
- Examples & Explanations for the Law of Torts, by Joseph W. Glannon (https://www.amazon.com/Examples-Explanations-Torts-Joseph-Glannon/dp/1543807690)
Download the Transcript (https://lawschooltoolbox.com/episode-347-listen-and-learn-assumption-of-risk-torts/)
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Thanks for listening!
Alison & Lee