Why Have Most States Replaced the Contributory Negligence Defense with a Comparative

question 55

Multiple Choice

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) 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:

Consent

Agreement or approval given freely and willingly by a competent individual, often necessary in legal, medical, or personal contexts.

Appellate Court

A superior court that examines the rulings of inferior courts for the proper application of the law.

Scanty

Lacking in amount, quantity, or sufficiency; minimal or insufficient in size, quantity, or degree.

Reverse

To change to the opposite direction, position, or course of action.