Essentials of Torts

The last clear chance rule

The two major categories of comparative negligence are ________ comparative negligence and ________ comparative negligence.

________ negligence is the failure to use even a small amount of care to avoid foreseeable harm.

MATCHING -mitigation of damages

In an express assumption of the risk, the victim knowingly and voluntarily accepts the risk by express agreement.

Contributory negligence is determined by an objective test, while assumption of the risk is determined by a subjective test.

The defense of ________ is being raised when the defendant argues that the plaintiff should have known of the danger to him- or herself.

In a case of secondary assumption of the risk, the fault of the plaintiff is compared to that of the defendant and the damages are allocated according to the comparison of fault.

MATCHING -contractual limitation of liability

In contributory negligence, the damages between the plaintiff and defendant are allocated according to their relative fault.

The defense of ________ is being raised when the defendant argues that the plaintiff knew about and accepted the danger.

MATCHING -a response stating why a claim should be denied

MATCHING -unreasonable conduct that is not reckless or gross

Under comparative negligence

The reason that primary assumption of the risk is a complete defense (and not a basis for comparative fault) is that the plaintiff knowingly and voluntarily accepted a particular risk that the defendant did not have a duty to protect the plaintiff against.

MATCHING -plaintiff recovers nothing because his or her own negligence helps cause his or her injury

Under the defense of contributory negligence

MATCHING -knowingly and voluntarily accepting the danger

Before comparative negligence was adopted, contributory negligence barred recovery in most cases.

The failure of the plaintiff to take reasonable steps to avoid the consequence of the defendant's negligence is an example of contributory negligence.