Affirmative Defenses to Negligence

Question 1

Assumption of the risk

Answer 1

implied, express, and secondary implied

Question 2

express assumption of the risk

Answer 2

often in activities where that are risks even if reasonable car is exercise–so this really cover more than negligence. Typically enforced by courts and a complete defense

Question 3

implied assumption of risk

Answer 3

Plaintiff voluntarily participates in an activity or game with well-known incidental risks and thereby accepts those risks.

Question 4

secondary implied assumption of the risk

Answer 4

Defendant is engaged in risk behavior. He owen plaintiff a duty. But defendant should be aware of the risks associate with defendants risky behavior and plaintiff engages in the conduct anyway.

Question 5

Contributory negligence

Answer 5

Any responsibility on plaintiff’s part completely bars recovery

Question 6

Pure comparative negligence

Answer 6

an injured party may recover regardless of her degree of fault. But her recovery is reduced by her percentage of fault. No limits or bars exist.

Question 7

50% bar states

Answer 7

plaintiff cannot recover if she is 50% or more responsible

Question 8

51% bar states

Answer 8

plaintiff cannot recover if she is more responsible than the defendant