Negligence- Defense

Question 1

What are the defenses to negligence?

Answer 1

1. Contributory Negligence
2. Comparative Fault
3. Assumption of Risk

Question 2

What is Contributory Negligence?

Answer 2

Occurs when a plaintiff fails to exercise reasonable care for her own safety and thereby contributes to her own injury.

Question 3

What is the traditional rule for Contributory Negligence?

Answer 3

The plaintiff’s contributory negligence is a complete bar to recovery.

Question 4

What is the Last clear chance?

Answer 4

In contributory Negligence jurisdictions, the plaintiff may mitigate if he proves that the defendant had the last clear chance to avoid injuring the plaintiff but failed to do so.

*Inattentive plaintiff

Question 5

What are the two types of comparative fault?

Answer 5

1. Pure comparative negligence

2. Modified or partial comparative fault

Question 6

What is pure comparative negligence?

Answer 6

A plaintiff’s contributory negligence is not a complete bar to recovery.

The plaintiff’s full damages are calculated by the teir of fact and then reduced by the proportion that the plaintiff’s fault bears to the total harm.

Apply on MBE unless facts state otherwise.

Question 7

What is modifies or partial comparative fault?

Answer 7

1. If the plaintiff is less at fault than the defendant, then the plaintiff recovery is reduced by his percentage of fault.
2. If the plaintiff is more at fault than the defendant, then the plaintiff’s recovery is barred.
3. If the plaintiff and the defendant are found to be equally at fault, then the plaintiff recovers 50% of his total damages.

Question 8

What is assumption of risk?

Answer 8

Applies when a party knows and willingly embraces a risk for some purpose of his own.

*A complete defense