Questions:

1. What elements does the defendant have to prove to assert contributory negligence as a complete defense?

2. In Davies v. Mann, the court applied the last clear chance doctrine in a contributory negligence jurisdiction. Does that doctrine also apply in a comparative negligence jurisdiction like California?

3. In Seigneur v. National Fitness Institute, Inc., the court enforced the exculpatory clause in the contract between the plaintiff and the defendant. When are such clauses not enforceable?

4. In Rush v. Commercial Realty Co., what evidence undermined the defendant's argument that the plaintiff assumed the risk of using the outhouse? 5. In Mclntyre v. Balentine, the Tennessee Supreme Court adopted the doctrine of comparative negligence. Describe the rule that it adopted. 6. In Bartlett v. N.M. Welding Supply, the court applied appointment of fault between the defendant and an unidentified nonparty. Typically, the defendant proves the contributory fault of a nonparty to reduce damages. What elements does the defendant have to prove?

7. As discussed in Knight v. Jewett, there are two types of assumption of risk: primary and secondary. Describe the essential difference between the two.