Negligence - Victim Choice: Express Assumption of Risk

Question 1

What is express assumption of risk? (Feldman)

Answer 1

Express A/R comes into play when there is a written agreement
relieving the injurer of their duty of ordinary care towards the plaintiff.

Question 2

When does an exculpatory provision involve the “public interest”? (Feldman)

Answer 2

Necessity, public invitation, and unequal bargaining power