Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Why have most states replaced the contributory negligence defense with a comparative negligence theory? 
A. In order to assist a defendant in defending against unfounded claims.
B. In order to assist a plaintiff in avoiding the assumption of the risk doctrine.
C. In order to assist a defendant in avoiding the assumption of the risk doctrine.
D. Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.
E. None of the above. Most states have not replaced the contributory negligence defense with a form of comparative negligence.

The adoption of the last-clear-chance doctrine leaves many situations in which an extremely careless defendant can cause a great deal of harm to a plaintiff who is barred from recovery due to minimal contributory negligence. Thus, most states have replaced the contributory negligence defense with either pure or modified comparative negligence.

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault? 
A. Assumption of the risk.
B. Last-clear-chance.
C. Modified comparative negligence.
D. Pure comparative negligence.
E. Both modified comparative negligence and last-clear-chance.

According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant. The defendant is then liable for that percentage of the plaintiff's damages.

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover? 
A. Assumption of the risk.
B. Last-clear-chance.
C. Modified comparative negligence.
D. Pure comparative negligence.
E. Both modified comparative negligence and last-clear-chance.

In modified comparative negligence the defendant must be more than 50 percent at fault before the plaintiff can recover.

Which of the following is true regarding the adoption of defenses to negligence? 
A. Twenty-eight states have adopted modified comparative negligence, thirteen have adopted pure comparative negligence, and nine have adopted contributory negligence.
B. Twenty-five states have adopted modified comparative negligence, twenty-five have adopted pure comparative negligence, and none have retained contributory negligence.
C. Twenty-eight have adopted pure comparative negligence, thirteen states have adopted modified comparative negligence and nine have adopted contributory negligence.
D. Thirty states have adopted contributory negligence, fourteen have adopted pure comparative negligence, and six states have adopted modified comparative negligence.
E. Fifteen states have adopted modified comparative negligence, ten states have adopted pure comparative negligence and twenty-five have adopted contributory negligence.

Twenty-eight states have adopted modified comparative negligence, thirteen have adopted pure comparative negligence, and nine have adopted contributory negligence.

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused? 
A. Last-clear-chance doctrine.
B. Assumption of the risk doctrine.
C. Contributory negligence doctrine.
D. Res ipsa loquitur.
E. Negligence per se.

A defense available to defendants facing negligence claims is called assumption of the risk. To use this defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.