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Casebook Read Credits
Torts
Section 22 . 1
1 hour

Express Assumption of the Risk

Kathleen,
Mary R Ziegler,
Molly Flash

               In this section, we will consider the extent to which contracts--liability waivers--should govern personal-injury disputes. First, how do courts treat these liability waivers? Second, how should courts evaluate them? Would contract-driven solutions work better than the tort system? Or would these waivers lead to more injuries and to perverse incentives?

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