Cases - Defenses Flashcards
1
Q
Defenses
Davies
A
- Donkey in the Middle of the Road
- Last clear chance doctrine: contributory negligence of P will not defeat negligence claim if D had the last opportunity to avoid the incident after P no longer could, thus, D is the one who should bear the loss.
- P’s assumption of risk is an absolute bar to D’s liability.
- P assumes risk when P’s act is:
a. Knowing
b. Voluntary
c. Unreasonable
2
Q
Defenses
McIntyre
A
- P and D in car accident, P was drunk and D was speeding
- Applied the modified comparative fault – a P can collect if their negligence doesn’t exceed 50% of the cause of harm
3
Q
Defenses
Seigneur v. National Fitness
A
- Injury to Woman Who Signed Exculpatory Clause
- Exculpatory clauses may be invalid if bargaining power between parties is unequal or if in the public interest
- Not applicable in this case
4
Q
Defenses
Rush
A
- Hole in Outhouse Floor
- Did not impute assumption of risk on plaintiff
- Assumption of risk was not voluntary
