ASSUMPTION OF RISK AND EXPRESS CONSENT FROM THE VIEWPOINT OF LIABILITY FOR HIGHLY DANGEROUS ACTIVITIES

Abstract

The contributory negligence and the apportionment of the damages were dealt with in our last essay, putting both the latest Hungarian judicial practice and the legal doctrinal traditions into the focus. We alleged that the risk-allocating aspect has more and more effect on the approach to the delictual liability law nowadays, especially in the field of strict liability. Furthermore, we could observe the increasing protection of interests of the injured persons in the judicial practice, which means an increasing encumbrance upon the individuals, who carry out dangerous activities (operators) and are obliged to have compulsory insurance or other covering for compensation. On the other scale of the balance, there is the appropriate riskassessment that can be expected from injured or endangered persons, and the assumption of the well-known risk too, which factors have detrimental effect on the interests for compensation. The research of the phenomena and the relating issues cannot be ended here. In this paper, we have to examine the conduct of the injured person – especially the intentional conducts, the consent to the injury and the assumption of risk – and further, their effect upon the compensation duty.