Effect of comparative negligence statute: The existence of a comparative negligence statute eliminates certain types of assumption

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Effect of comparative negligence statute: The existence of a comparative negligence statute eliminates certain types of assumption of risk, but maintains the “core” variety as a defense. Thus if P’s voluntary agreement to bear a certain risk prevents D from ever having any duty to P at all, the existence of a comparative negligence statute does not change this.

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Emanuel Law Outlines For Torts

ISBN: 201887

13th Edition

Authors: Steven L. Emanuel

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