An express agreement to assume a risk is not enforced by the courts if the defendant had unusual bargaining power or was the sole provider of a service.

Question

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Courts may refuse to enforce an express agreement to assume a risk if it is determined that the agreement was not truly voluntary or if one party had significantly more bargaining power, such as in cases where the defendant was the sole provider of a service, leading to an unfair advantage.

An Express Agreement to Assume a Risk Is Not Enforced