Negligence: Defenses

Question 1

What is contributory negligence?

Answer 1

P must exercise due care to protect themselves from injury by D, such that if P does not exercise this due care, P will be barred from recovery, even if D acted negligently

Question 2

What is pure comparative negligence appraoch?

Answer 2

Apportionment of damage tracks with apportionment of fault to extent both P and D were negligent

Question 3

What is partial comparative negligence approach?

Answer 3

Damages are apportioned only if D’s responsibility exceeds P’s responsibility. P will be denied any recovery if they are responsible for more than 50% of their own damages

Question 4

What is assumption of risk?

Answer 4

P assumes the risk of injury from D’s negligence if P expressly or impliedly consents to undergo the risk created by D’s conduct