Deck 15: Negligence: Defenses

Question 1

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 1

C

Question 2

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

Answer 2

pure, modified

Question 3

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

Answer 3

Gross

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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.

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

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

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

Question 17

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 18

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

Question 19

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

Question 20

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 21

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

Question 22

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

Question 23

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

Question 24

What is an adhesion contract?

Question 25

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

Question 26

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

Question 27

Define comparative negligence.

Question 28

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

Question 29

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