Can Gale Defend the Negligence Suit?

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