XIII. Defenses to Neglience

Question 1

Defenses listed

Answer 1

• Contributory Negligence
• Assumption of Risk
• Comparative Negligence

Question 2

Contributory Negligence

Answer 2

• P failure to use relevant degree of care for his or her own safety
• If P contributorily negligence, than plaintiff loses
• Related: last clear chance (oppo f d to avoid contribution) 2) avoidance of consequence
  *

Question 3

Express Assumption of Risk

Answer 3

• Complete bar to recovery
• Exception for public policy violation (e.g. complete asumption of risk when signing for a medical treatment)

Question 4

Implied Assumption of Risk

Answer 4

• Test
  
  • KNowledge of Risk
  • Voluntary encounter
• Hints:
  
  • absence of an alternative destorys voluntariness
  • emergency siutations alwasy destroy voluntariness
• Consequence-Plaintiff gets to go to the jury

Question 5

Comparative Negligence

Answer 5

• Two types
  
  • Pure (MBE) (recover in the amount the defendant was at fault)
  • Modified (GA) (if you’re at fault a cettain amount, than you recover nothing)
• when available, comparative supplants all other standard of care defenses except express assumption of risk