This is a very thin sense of voluntary assumption
of obligation, since the phenomenology of using 'ought' does not support the claim that most people who use the word realise the full prescriptivist implications of using it.
(18) For example, in his magisterial textbook, John Fleming dealt with the joint illegal enterprise defence within a chapter entitled "Voluntary Assumption of Risk': Fleming, above n 5, ch 13.
(19) There is an overwhelming case for thinking that a defendant who relies on the voluntary assumption of risk defence simply denies, in roundabout language, the existence of a duty of care (or, sometimes, other elements of the tort of negligence): see the penetrating analysis in Stephen D Sugarman, 'Assumption of Risk' (1997) 31 Valparaiso University Law Review 833.
The centrality of voluntary assumption
of risk was firmly rooted in the laissez-faire, free-labour ideology that was supplanting older paternalistic conceptions of employment.
On appeal to the British Columbia Court of Appeal, a four-to-one majority decided that the employees' liability was limited to $40 on a variety of bases, including analyses that implied unilateral contracts or that employed voluntary assumption of risk.
Before doing so, however, I will first examine two other possible explanations of the principled exception, namely, subrogation and voluntary assumption of risk, and demonstrate why they explain neither this doctrine nor the decisions in London Drugs and Fraser River.
One must take into account voluntary assumption
of risk argues that the participant voluntarily assumed the risk of injury (see For The Thrill Of One's Life p 27).
In the past, when participants have been injured in volunteer sporting activities, the legal liability has traditionally rested with the injured party, on the basis of volenti non fit injuria (voluntary assumption
They explore the laws of misstatement and pure economic loss from historical, theoretical, doctrinal, and comparative perspectives, including modern developments in the law of misstatements in these jurisdictions; the meaning and influence of the concepts of voluntary assumptions
of responsibility and reliance; the intersections between modern misstatement liabilities in contract, tort, equity, and under statute; and how liabilities are distributed between advisors and others responsible for financial losses under systems of joint and several and proportionate liability.