Exam 15: Negligence: Defenses

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

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

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

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

Under comparative negligence

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

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

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

What is an adhesion contract?

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.

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

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