Damages and Defenses to Negligence Flashcards
1
Q
Last Clear Chance Doctrine
A
Permits a plaintiff to recover despite their contributory negligence. Under this rule, the individual with the last clear chance to dodge an accident who fails to do so is liable for negligence.
Basically the plaintiff’s rebuttal to defense of contributory negligence.
2
Q
Is contributory negligence a defense to battery?
A
NO. Contributory negligence is a defense to negligence actions but not to intentional tort actions. Battery is an intentional tort for which contributory negligence is not a defense.
