The harshness of the contributory negligence doctrine has been mitigated by:
A)the last clear chance rule.
B)comparative negligence.
C)assumption of risk.
D)(a) and (b), but not (c).

Question

Quizplus · Accepted Answer

The last clear chance rule and comparative negligence are both doctrines that have been developed to mitigate the harshness of the contributory negligence doctrine. The last clear chance rule allows a plaintiff to recover even if they were contributorily negligent, if the defendant had the last clear chance to avoid the accident. Comparative negligence allows a plaintiff to recover even if they were contributorily negligent, but their damages are reduced in proportion to their degree of fault. Assumption of risk, on the other hand, is a defense that bars a plaintiff from recovering if they voluntarily assumed the risk of injury.

The Harshness of the Contributory Negligence Doctrine Has Been Mitigated