Quiz 15: Negligence: Defenses

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

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

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

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

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

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.

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.

Under the defense of contributory negligence A)The defendant's unreasonableness bars the plaintiff's recovery. B)Recovery by the plaintiff is not defeated. C)The defendant's unreasonableness is compared to that of the plaintiff. D)Recovery by the plaintiff is defeated.

Under comparative negligence A)The plaintiff's recovery is barred. B)The plaintiff's recovery can be reduced in proportion to the fault of the parties. C)The plaintiff's recovery can be increased in proportion if the defendant was negligent per se. D)Recovery is not barred if there was an assumption of the risk.

The last clear chance rule A)is an offset against comparative negligence B)applies only if there is an assumption of the risk C)can prevent contributory negligence from barring recovery by the plaintiff D)establishes strict liability

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

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

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

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

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -plaintiff recovers nothing because his or her own negligence helps cause his or her injury

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -mitigation of damages

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -knowingly and voluntarily accepting the danger

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -contractual limitation of liability

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -a response stating why a claim should be denied

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -unreasonable conduct that is not reckless or gross

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -customs and societal values

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -damages allocated according to relative fault

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -standardized agreement where bargaining was nonexistent

MATCHING a.defense b.comparative negligence c.contributory negligence d.last clear chance e.assumption of the risk f.avoidable consequences g.express assumption of the risk h.ordinary negligence i.public policy j.adhesion contract -had the last opportunity to avoid the accident

Define comparative negligence.

Distinguish between primary assumption of the risk and secondary assumption of the risk.

After the adoption of comparative negligence, why is there no longer a need for the last clear chance defense?

Give an example of an express assumption of the risk that violates public policy and hence is invalid.

What is an adhesion contract?