Which type of assumption of risk involves an express agreement to waive liability?

• A. Implied Assumption Of Risk
• B. Express Assumption Of Risk
• C. Intoxication
• D. Misrepresentation

Answer: (B)

An express assumption of risk occurs when there is an explicit agreement to waive liability, typically shown by a signed waiver, release, or exculpatory clause. This formal agreement makes the party knowingly accept the risk and releases the other party from liability for injuries related to the activity. It stands in contrast to an implied assumption of risk, where the acceptance of risk is inferred from conduct or surrounding circumstances rather than a written or spoken promise. Intoxication and misrepresentation aren’t forms of assumption of risk themselves: intoxication affects capacity to consent, and misrepresentation involves false statements that can affect the validity of a contract or give rise to separate claims, not an explicit waiver of liability.