Negligence--Defenses

Question 1

What are the defenses to Negligence?

Answer 1

What are the defenses to Negligence?

Comparative Negligence
Assumption of Risk

Contributory Negligence

Question 2

Defenses to Negligence

Pure Comparative Negligence?

Answer 2

Defenses to Negligence

Pure Comparative Negligence?

Is the MBE default where P’s recovery is reduced by his/her proportional fault.

Question 3

Defenses to Neligence

What is modified comparative negligence?

Answer 3

Defenses to Neligence

Modified Comparitive Negligence says if Π was more or at least as negligent as Δ (depends on state) then it’s a complete bar to recovery.

Question 4

Defenses to Negligence

What is the assumption of risk (AOR)?

Answer 4

Defenses to Negligence

AOR says if Π kn_owingly and yet voluntarily assumed_ the risk then recovery may be reduced in comp negligence jx.

Only applicable to Negligence and Reckless/Wanton acts.

Note: Express (written/oral) AOR is complete bar.

Question 5

Assumption of Risk

What risks cannot be assumed?

Answer 5

Risks that CANNOT be assumed are:

Common carriers, public utilities, protected class within statute, situations involving fraud, force, or emergency

Question 6

What is Contributory Negligence?

Answer 6

Contributory Negligence-is only defense to negligence claims at CL and completely barred right to recover. If D had last clear chance to avoid harmàP recovers fully.