Intentional Torts Posts

Assumption of Risk and Consent in the Twenty-First Century


In his Chancellor’s lecture at UCI School of Law, “Assumption of Risk and Consent in the Twenty-First Century,” Kenneth W. Simons discusses the definitions of consent and assumption of risk with illustrations referencing Harry Houdini, the infamous “Flopper” ride from Coney Island, and Sluggerrr the Kansas City Royals mascot hitting a fan with a hot dog.

Conceptualizing the Intentional Torts

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.