Practice Quiz

Paralegal Exam Prep

Category - Torts

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There is contributory negligence where:
  1. There is negligence per se.
  2. The plaintiff was more negligent than the defendant.
  3. A third party contributed to the defendant's negligence.
  4. The plaintiff's negligence combined with the defendant's negligence resulted in harm to the plaintiff.
  5. There was a defective product.
Explanation
Answer: D. There is contributory negligence where the plaintiff's negligence, combined with the defendant's negligence resulted in harm to the plaintiff. Under common law, when there is contributory negligence the plaintiff cannot collect damages from the defendant. For there to be contributory negligence, the plaintiff's contribution does not have to be substantial.
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