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Paralegal Exam Prep

Category - Torts

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What is the difference between contributory negligence and comparative negligence?
  1. Contributory negligence refers to the defendant's responsibility in causing the harm, while comparative negligence refers to the plaintiff's responsibility in causing the harm.
  2. There is no difference between contributory negligence and comparative negligence.
  3. Contributory negligence refers to the plaintiff's responsibility in causing the harm, while comparative negligence refers to the defendant's responsibility in causing the harm.
  4. Contributory negligence bars the plaintiff's recovery, while comparative negligence reduces the amount of the plaintiff's recovery.
  5. Contributory negligence is a common law doctrine, while comparative negligence is a civil law doctrine.
Explanation
Answer: D. The difference between contributory negligence and comparative negligence is that contributory negligence bars the plaintiff's recovery, while comparative negligence reduces the amount of the plaintiff's recovery. Because the result of a finding of contributory negligence is often unfair to the plaintiff, many jurisdictions no longer apply the doctrine of contributory negligence. Instead, the doctrine of comparative negligence is applied, allowing the plaintiff some recovery.
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