Defenses to Negligence

Question 1

Contributory N

Answer 1

Any fault by P bars recovery. Not used much any more

Question 2

Comparative Fault

Answer 2

Pure: decrease amount by percentage of P’s N
Modified: If P is more than 50 or 51 percent at fault, complete bar to recovery.

Question 3

Assumption of the Risk

Answer 3

Express - oral or in writing
Implied if - P knew or and appreciated nature of risk, appreciated the specific danger that injured P, and voluntarily chose to subject themselves to said danger.

Question 4

Professional Rescuers rule

Answer 4

Where P is a professional rescuer and is injured due to an inherit risk of that job, P can’t recover in N against the person who needed rescue.

Question 5

Good Samaritan rule

Answer 5

May sue for N