What was the rationale behind the development of contributory negligence? Why have many courts found exceptions to this rule?
What will be an ideal response?
The results rendered by the rule of contributory negligence are often harsh and unjust. Worthy plaintiffs are often denied recovery and blameworthy defendants go unscathed. As a result the courts have developed various escape mechanisms by which plaintiffs can avoid this rule. One way, which has been adopted in every jurisdiction that adheres to the contributory-negligence system, is the requirement that contributory negligence be proved and specifically pleaded by the defendant. Additionally, in most jurisdictions the question of contributory negligence is left to the jury. Arguably, juries have an opportunity to apply a comparative-negligence standard in those cases in which application of a contributory-negligence standard would lead to unfair results.
You might also like to view...
________ are required by law and memorialize the role of each party in writing and should be written in plain language and easy to read so clients understand what they are signing
A) Fee disclosure statements B) Legal services rendered documents C) Debt relief disclosure forms D) Retainer agreements
The first section of the prewriting process is preliminary research.
Answer the following statement true (T) or false (F)
In tort law duties are imposed by law rather than by being voluntarily assumed by the parties.
Answer the following statement true (T) or false (F)
A good case brief includes law cited by the court in which section:
A) issues B) holding C) analysis D) facts