Vicarious liability/Defenses to Negligence

Answer 1

Slightly negligent barred the plaintiff from relief

Answer 2

The proximate cause of the injury

Question 3

Doctrine of last clear chance

Answer 3

If the plaintiff had the last opportunity to avoid the accident, the defendant is not liable

Question 4

Pure approach:
any percent of defendant’s fault can be

Two modified apporach
Plaintiff’s negligence is less than defendant’s negligence

Plaintiff can recover if the their negligence is less than or equal to the defendants

Question 5

Exculpatory provision was enforceable because the service offered by the defendant was not essential in nature (plaintiff could go somewhere else to work out and was therefore not a public good)

Question 6

The difference between contributory negligence and implied assumption of risk.

Answer 6

The implied assumption of risk is about the voluntary aspect of entering the risk.

Question 7

How to think about assumption of risk.

Answer 7

!Voluntary! assumption of a !known! risk

Question 8

Implied assumption of risk versus contributory negligence

Answer 8

Assumption of risk: Plaintiffs themselves must have known about the risk

Contributory negligence: The plaintiff must have been unreasonable and the objective person should have known their actions would cause risk.

Question 9

Implied assumption of risk is still a separate defense and it is a complete bar in Georgia.

Answer 9

The Georgia court will rule that when someone voluntarily assumes a known risk, they can not recover.

Question 9

How should we talk about this on the exam????? (Contributory negligence versus assumed risk in defenses to negligence)

Question 10

There are two ways that a plaintiff’s conduct will give rise to a defense for negligence on behalf of the defendant. The first is contributory negligence. Contributory negligence occurs when the plaintiff also acted unreasonably which proximately and in fact caused their damages. The second way is implied assumption of risk. Under implied assumption of risk the plaintiff must have voluntarily encountered a known risk. The effects of a successful contributory negligence defense depends on the jurisdiction. However, the general effect of contributory negligence is a decrease in apportionment of defendant’s comparative fault or a complete bar of damages in a minority of resources. Additionally the general effect of a plaintiff assuming a known risk is a complete bar of receiving damages with a minority of jurisdictions. allowing an apportionment of the damages.

Answer 10

First way: Contributory negl

Question 11

Contributory negligence: describe three types of comparative fault and make arguments about relative culpability (what kind of negligence) and causative potency. Then consider the two jurisdicitons and the effects of the plaintiffs/defendants.

Question 12

Implied assumption of risk:
Explain the comparative fault but do not repeat. The plaitniff had to have voluntarily known about the risk and severity of the risk assumed

Question 13

Vicarious Liability (respon

Answer 13

Respondent’s superior elements:
1) Employee and employer relationship is established
2) Scope of employment

Question 14

Going and coming rule

Question 15

Slight deviation rule

Answer 15

Is the employee partially or wholly abandoning the scope of their employment. Doing something reasonably incidental of the employment is within the scope of employment. Frolick is out side of the scope of employment. A detour is a slight deviation of his employment that is reasonably related to the employment. A mere detour can occur within the scope of employment.