Defenses

Question 1

Consent

Answer 1

Def not liable if plaintiff consented

*If plaintiff consented by mistake, consent is still valid UNLESS def caused mistake or knew of mistake and took advantage of

Question 2

Assumption of Risk

Answer 2

Complete defense, meaning defendant won’t be liable if plaintiff assumed the risk

Question 3

What is an exception to assumption of risk?

Answer 3

1. Intentional or grossly negligent conduct
2. Unfair bargaining power
3. Overriding public interest