Question : 56) Darryl jaywalking in a jurisdiction that applies contributory negligence. : 2095777

56) Darryl is jaywalking in a jurisdiction that applies contributory negligence. Slick sees Darryl in the street, notices that he is not in the crosswalk, and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Darryl some significant bruising, but Darryl is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

A) Darryl will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Darryl.

B) Slick will not be held liable because Darryl was contributorily negligent.

C) Darryl will lose because Slick, at least, reduced his speed.

D) Darryl will win because of comparative negligence.

E) Slick will win because of the assumption of risk doctrine based upon the fact that Darryl committed an offense by crossing the street where he did in violation of clearly defined law.

57) Why has the contributory negligence defense been replaced with a comparative negligence theory in most states?

A) Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility.

B) Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.

C) In order to assist a defendant in defending against unfounded claims.

D) In order to assist a plaintiff in avoiding the assumption of the risk doctrine.

E) In order to assist a defendant in avoiding the assumption of the risk doctrine.

58) Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

A) Pure comparative negligence.

B) Modified comparative negligence.

C) Assumption of the risk.

D) Last-clear-chance.

E) Both modified comparative negligence and last-clear-chance.

59) Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

A) Last-clear-chance.

B) Assumption of the risk.

C) Pure comparative negligence.

D) Modified comparative negligence.

E) Both modified comparative negligence and last-clear-chance.

60) Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

A) Negligence per se.

B) Contributory negligence doctrine.

C) Res ipsa loquitur.

D) Last-clear-chance doctrine.

E) Assumption of the risk doctrine.