University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 1991 Assumption of Risk After Comparative Negligence: Integrating Contract Theory into Tort Doctrine John L. Diamond UC Hastings College of the Law,
[email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Part of the Torts Commons Recommended Citation John L. Diamond, Assumption of Risk After Comparative Negligence: Integrating Contract Theory into Tort Doctrine, 52 Ohio St. L.J. 717 (1991). Available at: http://repository.uchastings.edu/faculty_scholarship/103 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Faculty Publications UC Hastings College of the Law Library Diamond John Author: John L. Diamond Source: Ohio State Law Journal Citation: 52 Ohio St. L.J. 717 (1991). Title: Assumption of Risk After Comparative Negligence: Integrating Contract Theory into Tort Doctrine Originally published in OHIO STATE LAW JOURNAL. This article is reprinted with permission from OHIO STATE LAW JOURNAL and Ohio State University Michael E. Moritz College of Law. Assumption of Risk After Comparative Negligence: Integrating Contract Theory into Tort Doctrine JOHN L. DIAMOND* I. INTRODUCTION The confusion generated by the doctrine of assumption of risk' is illustrated by the contradicting responses to the following hypothetical: - 0 1991 John L. Diamond. Professor of Law, University of California, Hastings College of the Law. B.A., Yale College; J.D., Columbia Law School; Dip.