Which of the following is true about comparative negligence and contributory negligence?
A) In order to avoid liability for an unintentional tort, the defendant must prove the presence
of both defenses.
B) Comparative negligence is used with intentional torts and contributory negligence is used
with unintentional torts.
C) Most states that once used comparative negligence now apply contributory negligence
instead.
D) They are two names for the same defense.
E) Comparative negligence allows the plaintiff to make a partial recovery whereas
contributory negligence does not.
E
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