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61) Which of the following occurs when a plaintiff expressly

Question : 61) Which of the following occurs when a plaintiff expressly : 2095778

61) Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?

A) Express assumption of the last-clear-chance doctrine.

B) Implied assumption of the last-clear-chance doctrine.

C) Implied assumption of the risk.

D) Assumption by incident.

E) Express assumption of the risk.

62) What is the term for when a plaintiff implicitly assumes a known risk?

A) Express assumption of the risk.

B) Implied assumption of the risk.

C) Assumption by incident.

D) Express assumption of the last-clear-chance doctrine.

E) Implied assumption of the last-clear-chance doctrine.

63) On a vacation holiday, Anne decides to rent a fishing boat. She is asked to sign a contract stipulating that the defendant will not be held responsible for any boating accidents. If Anne signs, this is an example of:

A) Assumption by incident.

B) Implied assumption of the last-clear-chance doctrine.

C) Express assumption of the last-clear-chance doctrine.

D) Express assumption of the risk.

E) Implied assumption of the risk.

64) Louisa decides to go on a zip line adventure. She signs a contract before she begins to go on the zip line, which says that she assumes the risks of accident or injury. While walking up the steps to grab the zip line, Louisa falls down due to a broken hand rail on the stairs. Could the property owner be held responsible?

A) Yes because she had not yet started zip lining but after she actually grabbed the line, the company would no longer be held responsible.

B) Yes, because a fall due to a faulty handrail was not the type of risk Louisa thought she was assuming.

C) No because of Louisa's implied assumption of the risk.

D) No because Louisa fell on her own.

E) No because of Louisa's express assumption of the risk.

65) Which is the most difficult part of establishing the defense of assumption of the risk?

A) Showing that the plaintiff signed the contract assuming the risk without duress.

B) Showing a lack of contributory conduct on the part of other defendants.

C) Showing that the plaintiff was aware of applicable law.

D) Showing that the plaintiff assumed the risk of the actual harm suffered.

E) Showing that the defendant was aware that the plaintiff assumed the risk.

 

 

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