9 Affirmative Defenses Flashcards Preview

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Flashcards in 9 Affirmative Defenses Deck (5)
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1
Q

How does a D assert Comparative Negligence?

A

The D offers evidence that the P did not exercise adequate care for his own safety

2
Q

Adequate Care

A

Reasonable care for your own safety

3
Q

What is the D successfully asserts that P failed to use reasonable care?

A

If D offers evidence that P failed to use reasonable care for his own safety, the jury is tasked with assigning each a percentage, and the P’s recovery is reduced by the P’s percentage of fault.

4
Q

Modified or Partial Comparative negligence

A

P’s fault over 50% is an absolute bar to recovery

5
Q

Where is Modified or Partial Comparative negligence used?

A

Only used in certain states (Not NY)