Negligence 7

Question 1

Damages: collateral source

Answer 1

Total damages are not reduced by benefits from other sources, but other Ds can reduce

Question 2

Defenses for general negligence (8)

Answer 2

1. duty to mitigate
2. pure comparative negligence (MBE default unless stated otherwise)
3. modified comparative negligence
4. contributory negligence
5. assumption of risk
6. express assumption of risk
7. professional rescuer/firefighters rule
8. avoidable consequences

Question 3

Damages: duty to mitigate

Answer 3

P has a duty to take reasonable steps to mitigate damages (seek treatment)

Question 4

Damages: pure comparative negligence

Answer 4

(MBE default rule unless stated otherwise) P’s recover is reduced by his fault

Question 5

Damages: modified comparative negligence

Answer 5

bars recovery to P if P was more (or in minority jx, at least as) negligent than D

Question 6

Damages: contributory negligence

Answer 6

any fault by P bars recovery. If D had last clear chance to avoid harm, P can recover fully

Question 7

Damages: assumption of risk

Answer 7

recovery may be reduced or barred if (1) P knew the risk specific to D + (2) voluntarily assumed risk

Question 8

Damages: express assumption of risk

Answer 8

(clear oral/written release from negligence) is a complete bar to recovery

Question 9

Damages: professional rescuer/firefighter’s rule

Answer 9

If professional (including volunteer) rescuer P is injured by risks inherent in occupation from D’s negligence, recovery for negligence is barred (assumed risk as part of job)

Question 10

Damages: avoidable consequences

Answer 10

P fails to take reasonable steps to mitigate damages