Why Has the Contributory Negligence Defense Been Replaced with a Comparative

question 57

Multiple Choice

Why has the contributory negligence defense been replaced with a comparative negligence theory in most states?

• 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) Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility.

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Definitions:

Anterior Axillary Line

An imaginary line drawn along the body from the armpit (anterior axilla) down through the point at which the arm joins the body.

Echoes

Reflections of sound.

Horizontal

Not vertical; flat and even; level; parallel to the plane of the horizon.

Midaxillary Line

An imaginary line running vertically down the surface of the body passing through the apex of the axilla (armpit).