Explain contributory negligence and comparative negligence.?

Question

What will be an ideal response?

Answer 1

All individuals are expected to exercise a reasonable degree of care in looking out for them selves. In a few jurisdictions, recovery for injury resulting from negligence is prevented if the plaintiff was also negligent. This is the defense of contributory negligence. Under the common law doctrine of contributory negligence, no matter how insignificant the plaintiff's negligence is relative to the defendant's negligence, the plaintiff will not recover any damages.Most states allow recovery based on the doctrine of comparative negligence. Here, the plaintiff's negligence and the defendant's negligence are computed and the liability for damages distributed accordingly. Some jurisdictions have adopted a "pure" form of comparative negligence that allows the plaintiff to recover, even if the extent of his or her fault is greater than that of the defendant. For example, if the plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff may recover 20 percent of his or her damages.Many states' comparative negligence statutes, however, contain a "50 percent" rule by?which the plaintiff recovers nothing if he or she was more than 50 percent at fault.