Wednesday, November 6, 2019

Assume Bobby begins to cross the street in a jurisdiction that applies contributory negligence. He does not go to a crosswalk but proceeds to illegally cross the street without even checking

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence? 
A. Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm.
B. Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury.
C. Only that the plaintiff violated the last-clear-chance doctrine.
D. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
E. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm; that the plaintiff's failure was a contributing cause to the plaintiff's injuries; and also that the plaintiff failed to abide by the last-clear-chance doctrine.
In order to rely on the defense of contributory negligence, the defendant must prove that (1) the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff's failure was a contributing cause to the plaintiff's injury.

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff? 
A. Assumption of risk.
B. Last-clear-chance doctrine.
C. Modified risk doctrine.
D. Modified comparative doctrine.
E. There is no such doctrine.
The last-clear-chance doctrine allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.

Assume Bobby begins to cross the street in a jurisdiction that applies contributory negligence. He does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction? 
A. Slick will not be held liable because Bobby was contributorily negligent.
B. Bobby will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Bobby.
C. Bobby will win because of comparative negligence.
D. Slick will win because of the assumption of risk doctrine.
E. Bobby will lose because Slick, at least, reduced his speed.
Under contributory negligence, if the court finds that (1) the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff's failure was a contributing cause to the plaintiff's injury, the defendant will not be liable for the plaintiff's injuries unless the plaintiff can prove that the defendant had the last opportunity to avoid the accident.

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