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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: DuckTapeSunroof who wrote (44463)7/28/2010 7:11:37 PM
From: TimF  Read Replies (1) | Respond to of 71588
 
I think what we have wandered into is the differences between *explicit* assumptions of risk & potential liability from damages caused by accidents and *implicit* assumptions of risk and potential expenses....

No. Even an implicit assumption of risk is a separate action from the cap. It may be a more likely and/or more direct result of having the cap, but its still a separate thing. It would still be separate even if it was inevitable, if you had a magic gun that never missed, aiming and pulling the trigger would still be distinct from the bullet hitting the target. And in fact it isn't inevitable, and in some situations isn't even likely.