Deck 15: Negligence: Defenses

Question 1

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

Answer 1

True

Question 2

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

Answer 2

C

Question 3

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.

Answer 3

True

Question 4

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

Question 5

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

Question 7

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

Question 8

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.

Question 11

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

Question 12

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

Question 13

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.

Question 15

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.

Question 16

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

Question 19

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

Question 20

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

Question 21

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

Question 22

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

Question 25

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

Question 27

Define comparative negligence.

Question 28

What is an adhesion contract?