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Term Definition
Assumption of Risk
- an affirmative defense to a tort based on the theory that the plaintiff is not entitled to recover from the defendant for an injury the plaintiff sustained as a result of a clearly dangerous activity to which he or she voluntarily consented.
Application in Divorce
A person who takes a fall on a ski slope cannot sue the operator of the lodge for
action
because he did not assume risk of sitting in the lodge.
In a marriage, the spouses are assuming the risk of divorce.