Also known as: assumes · assumed · assuming · assumption · assumptions · assumption of risk · assume liability
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A commitment by which one party agrees to perform or become personally bound by another's duty or liability. The commitment typically arises by express agreement, by taking possession of encumbered property, or by operation of law. Once assumed, the obligation binds the assuming party directly to the beneficiary of the duty.
A commitment by which one party agrees to perform or become personally bound by another's duty or liability. The commitment typically arises by express agreement, by taking possession of encumbered property, or by operation of law. Once assumed, the obligation binds the assuming party directly to the beneficiary of the duty.
Select any source to read its text and confirm it supports the definition.
A premise or state of facts adopted as true for purposes of legal analysis or decision without requiring contemporaneous proof. The supposition may rest on statutory command, evidentiary presumption, or party stipulation and controls the outcome until rebutted or displaced by contrary evidence.
Select any source to read its text and confirm it supports the definition.
A premise or state of facts adopted as true for purposes of legal analysis or decision without requiring contemporaneous proof. The supposition may rest on statutory command, evidentiary presumption, or party stipulation and controls the outcome until rebutted or displaced by contrary evidence.
Each sense below has its own examples, sources, and questions.
Alice Atkins referred a complex commercial dispute to outside counsel at Azure Solutions. The two lawyers agreed that Azure would handle all discovery while Alice would argue the summary-judgment motion. They confirmed in writing that each would assume joint responsibility for the representation and that the client consented to the split.
Anika Anand sold waterfront acreage to Albert Allen after both parties assumed the parcel contained 50 buildable acres. A later survey revealed only 30 acres were usable because of wetlands. Allen promptly notified Anand of the error and elected to rescind the contract.
Ariana Azizi bought a ticket and sat in the front row at a demolition-derby event. She knew flying debris was common yet remained in her seat without a protective barrier. When a car part struck her, the promoter raised assumption of risk as a complete defense to her negligence claim.
Alexandra Armstrong executed a new will after her lawyer told her that her prior will had been destroyed in a fire. The revocation clause recited that belief. When the earlier will later surfaced intact, the court held the revocation ineffective because it rested on a false assumption of fact.
After learning of his child's birth, Arthur Abrams immediately filed a paternity action, paid support, and petitioned for custody. Because he had manifested parental responsibility through consistent contact and financial support, the court recognized his constitutional right to veto the proposed adoption.
Joint responsibility is assumed when lawyers who are not in the same firm divide a fee and each agrees to share responsibility for the representation in proportion to services performed. The client must consent in writing and the total fee must remain reasonable.
Supporting sources
A plaintiff who voluntarily assumes a known risk of harm from the defendant's negligent or reckless conduct cannot recover for resulting injuries. The defense applies whether the assumption is express by contract or implied by conduct.
Supporting sources
A revocation is presumptively ineffective if the testator acted on a false assumption of law or fact that is recited in the revoking instrument or proved by clear and convincing evidence.
Supporting sources
Prosecutors charged Arthur Abrams with theft after a store security video showed only an empty aisle. No witness placed Abrams near the merchandise and no fingerprints linked him to the scene. Because the state offered no evidence on any element of the offense, the court directed a verdict of acquittal and released Abrams.
No person may be convicted unless each element is proved beyond a reasonable doubt. In the absence of such proof the innocence of the defendant is assumed and acquittal follows.
Supporting sources
…401 U. S., at 50. We find it unnecessary to decide whether the District Court erred in withholding injunctive relief, for we assume the Texas prosecutorial authorities will give full credence to this decision that the present criminal abortion statutes of that State are unconstitutional. The judgment of the District…