Assumption of Risk
Informed consent: Example: A patient who
consents to surgery after being advised of the
Implied consent: Example: A football player
impliedly consents to the ordinary risks of injury
incident to the game.
Waivers: A more formal consent may take the form of an
exculpatory agreement whereby a person expressly agrees not to
hold another party liable for any injury or damage from a given
Courts view such documents cautiously and before a party can be
relieved of negligent acts the exculpatory language of the document
must be very clear and explicit.
Even if valid, such a document would not ordinarily relieve a person
from liability for commission of an intentional tort or for conduct
amounting to gross negligence.