defenses to negligence

Question 1

contributory negligence

Answer 1

P negligence = complete bar to recovery

(1) P negligence = substantial cause
(2) P negligence occurs at same time D’s does

Question 2

are exculpatory clauses enforceable?

Answer 2

no if releasing D from future negligence resulting in PI

Question 3

what if a spectator hurt at a game?

Answer 3

exercise reasonable care to protect - hang up nets

Question 4

assumption of risk

Answer 4

P voluntary assumption of risk from known danger = complete bar

Question 5

child P contributory negligence

Answer 5

consider age intelligence of kid