Question: Read the overview below and complete the activities that follow. The courts' doctrines of res ipsa loquitur and negligence per se help the plaintiff in

Read the overview below and complete the activities that follow.

The courts' doctrines of res ipsa loquitur and negligence per se help the plaintiff in a negligence case, but the courts permit certain defenses that relieve the defendant from liability even when the plaintiff has proved all four elements of negligence. Defendants can successfully rebut negligence claims with contributory negligence, comparative negligence, assumption of the risk, and other special negligence defenses.

CONCEPT REVIEW:

Review LO 7-5 in Chapter 7. The text explains multiple defenses to negligence, including contributory negligence, comparative negligence, assumption of the risk, and other special negligence defenses. The following exercise will test your understanding of the similarities and differences between two of these defenses to negligence: contributory and comparative negligence.

-Roll over the titles for an explanation of each. After reading the explanation, drag each item to its appropriate place on the diagram and drop it in place-

Defendant>50% Fault - In this defense, the court determines the percentage of fault of the defendant. The defendant must be more than 50 percent at fault for the plaintiff to recover

Replace Contributory - Most states have replaced the contributory negligence defense with these two types of defenses.

Liable for Own % Fault - The court determines the percentage of fault of the defendant. The defendant is then liable for that percentage of the plaintiff's damages.

No Recovery If negligent - the defendant successfully proves this type of negligence, no matter how slight, the plaintiff will be denied any recovery of damages.

Defense Negligence - This/these all are different defenses to negligence that a defendant c an use even if the plaintiff proves all four elements of negligence.

Contributory Negligence = ________________________________

Pure Comparative Negligence = ____________________________________

Modifed Comparative Negligence = ____________________________

Contributory/Pure Comparative/Modifed

Comparative Negligence = _____________________________

Pure/Modifed Comparative Negligence = ___________________________

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