While Levin is operating a crane at a construction site, he looks away to take a drink. When he looks up, he discovers that he swung a beam into the cab of the foremans truck, which the foreman had left in a restricted area. The courts find that Levin is 80% responsible for the accident and the foreman is 20% responsible. Under the doctrine of contributory negligence:

1.Levin must pay the damages because his job holds him to a higher duty of care.

2.The foreman cannot receive any damages because he is partially responsible for the accident.

3.Levin and the foreman must share equally in the cost of the accident.

4.The foreman will only have to pay 80% of the cost of damages.