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TORTS CH 7

QuestionAnswer
THE PLAINTIFF PLAYED A LARGE PART IN CAUSING THE INJURY; THUS, FUNDAMENTAL FAIRNESS PRECLUDES ASSIGNING LIABILITY TO THE DEFENDANT CONTRIBUTORY NEGLIGENCE
PERMITS THE PLAINTIFF IN A NEGLIGENCE TO RECOVER, NOTWITHSTANDING HIS OR HER OWN NEGLIGENCE, ON A SHOWING THAT DEFENDANT HAD THE LAST CLEAR CHANCE TO AVOID THE ACCIDENT LAST CLEAR CHANCE
TO ASCRIBE TO OR CHARGE (A PERSON) WITH AN ACT OR QUALITY BECAUSE OF THE CONDUCT OF ANOTHER OVER WHOM ONE HAS CONTROL OR FOR WHOSE ACTS OR CONDUCT ONE IS RESPONSIBLE IMPUTED
PLACES UPON ONE PERSON RESPONSIBILITY FOR THE NEGLIGENCE OF ANOTHER IMPUTED NEGLIGENCE
APPLIES WHEN THE EVIDENCE SHOWS THAT BOTH THE PLAINTIFF AND THE DEFENDANT ACTED NEGLIGENTLY COMPARATIVE NEGLIGENCE
PAYMENT OF A SHARE OF AN AMOUNT FOR WHICH ONE IS LIABLE AS A SHARED PAYMENT OF A JUDGEMENT BY JOINT TORTFEASORS, ESPECIALLY ACCORDING TO PROPORTIONAL FAULT CONTRIBUTION
THE DOCTRINE THAT RELEASES ANOTHER PERSON FROM LIABILITY FOR THE PERSON WHO CHOOSES TO ASSUME A KNOWN RISK OF HARM ASSUMPTION OF THE RISK
A DIRECTLY AND CLEARLY STATED ACT OR AGREEMENT OF ASSUMING OR TAKING UPON ONE'S SELF EXPRESS ASSUMPTION
THE PRINCIPLE THAT INJURY TO THE PUBLIC GOD OR PUBLIC ORDER CONSTITUTES A BASIS FOR SETTING ASIDE, OR DENYING EFFECT TO, ACTS OR TRANSACTIONS PUBLIC POLICY
AN INTERFERENCE FROM THE PLAINTIFF'S CONDUCT THAT DEMONSTRATES THAT THE PERSON IS ACCEPTING THE RISK INVOLVED IN THE ACTIVITY OR EVENT IMPLIED ASSUMPTION
Created by: thesbaum
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