Defenses

Question 1

Contributory Negligence (fault)

Answer 1

Conduct on the Part of The Plaintiff Which Falls Below the Standard to Which He Is Required to Conform for His Own Protection and Which Contributes As A Legal Cause to the Harm He Has Suffered. Although defendant is negligent, plaintiff is denied recovery because plaintiff’s own conduct precludes him from maintaining the action. Plaintiff owes a duty to himself to act reasonably. Denial of recovery is a harsh result so the doctrine of last clear chance is applied (helpless peril, inattentive peril) may avoid bar on recovery

Question 2

Comparative Negligence (fault) - General

Answer 2

Abolishes last clear chance doctrine and applies even if defendants conduct is wanton or reckless

Question 3

Comparative Negligence (fault) - Pure

Answer 3

plaintiff’s recovery is reduced in proportion to the percentage of fault which can be attributed to the plaintiff.

Question 4

Comparative Negligence (fault) - Modified

Answer 4

two types. Plaintiff can recover if his fault is less than that of defendant. Plaintiff can recover if his fault is equal to or less than that of plaintiff.

Question 5

Comparative Negligence (fault) - Slight v. Gross

Answer 5

Allows plaintiff to recover if his negligence is slight when compared with that of defendant

Question 6

Assumption of risk

Answer 6

If the plaintiff expressly or impliedly consents to relieve the defendant of an obligation of conduct toward him and to take his chances of harm from a particular risk, plaintiff is held to have assumed that risk and he is barred from recovering. For assumption of the risk to apply, plaintiff must know of the risk and voluntarily proceed in the face of it

Question 7

Statutes of limitations

Answer 7

The time in which plaintiff has in which to file his action generally starts to run at the time he discovered defendant’s negligence or by the use of reasonable diligence should have discovered defendant’s negligence

Question 8

Immunities - Family

Answer 8

husband and wife, parents and child. Most jurisdictions have eliminated this immunity

Question 9

Immunities - Charities

Answer 9

most jurisdictions have eliminated this immunity

Question 10

Immunities - State and local government

Answer 10

most have a complicated statutory scheme

Question 11

Immunities - federal government

Answer 11

complicated statutory scheme

Question 12

Immunities - Public officers

Answer 12

More research needed