Comparative And Contributory Negligence Flashcards

1
Q

Different states have different ways of dealing with _

A

Negligence claims

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2
Q

Some states acknowledge concept of _ negligence, while other states are known as _ negligence jurisdictions

A

Comparative

Contributory

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3
Q

In comparative negligence jurisdiction, negligence may be _

A

Compared between the parties

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4
Q

Comparative negligence example:

Defendant runs red light, plaintiff is _ and their negligence is compared

A

Drunk in road

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5
Q

Jury would be called upon to compare _

(Comparative)

A

Different levels of negligence

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6
Q

In red light run, drunk man in intersection, jury may conclude _ (2)

A

Driver 50%

Drunk 50%

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7
Q

If jury determines damages are $100k, plaintiff would only receive _

A

$50k

(50% negligence for both defendant and plaintiff)

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8
Q

I’m _ there is no comparison of negligence

A

Contributory negligence jurisdiction

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9
Q

In contributory negligence jurisdiction, if you had 1% negligence that contributed to damage, then your claim is

A

Barred and you receive nothing

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