Which of the Following Is True About Comparative Negligence and Contributory

question 7

Multiple Choice

Which of the following is true about comparative negligence and contributory negligence?

• A) Most states that once used comparative negligence now apply contributory negligence instead.
• B) They are two names for the same defense.
• C) In order to avoid liability for an unintentional tort,the defendant must prove the presence of both defenses.
• D) Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts.
• E) Comparative negligence allows the plaintiff to make a partial recovery whereas contributory negligence does not.

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Definitions:

Without Recourse

Refers to an agreement where the seller is not responsible for any issues that arise after the sale is completed, commonly used in bill of exchange and note transactions.

Endorse

To formally support, approve, or sign a document, often to authenticate its validity or to transfer rights or ownership.

Debt

A financial obligation owed by one party (the debtor) to another (the creditor), typically involving borrowed money that is expected to be paid back with interest.

Holder In Due Course

A legal term referring to a person who has acquired a negotiable instrument in good faith and for value, and thus has certain protections against defenses and claims that could be asserted against the original party.