Torts chapter 9 & 10

Under the basic scheme of contributory negligence, if a plaintiff is even 1% at fault and the defendant is 99% at fault,

the plaintiff will be found to be contributorily negligent and will not receive any jury award

In a strict liability lawsuit, if the defendant can show that he followed all of the applicable safety statutes and practices,

the procedures will protect him from punitive damages, but not other types of damages

Under this doctrine, which is an exception to the rule of contributory negligence, a plaintiff confronted with an immediate threat is not required to exercise the same standard of care as someone who is not.

the sudden emergency doctrine

The public policy behind products liability lawsuits is

to encourage manufacturers to create safer products

Who has the burden of proving last clear chance?

the plaintiff

Which of the following is NOT an example of a products liability lawsuit?

A defendant runs a red light and hits the plaintiff

A typical products liability lawsuit might involve

an exploding soda bottle

Under this system, the plaintiff's negligence, if any, is factored into the analysis of the defendant's fault, and the overall plaintiff's recovery is reduced by the percentage of his fault.

comparative negligence

The rule that dictates that when a plaintiff is at fault, he will receive nothing in his/her negligence claim.

contributory negligence

________ is a complete bar to the plaintiff's recovery, while ________ will lessen the plaintiff's ultimate award.

contributory negligence, comparative negligence

In the 1800's, if a consumer were injured by a defective product, under what theory would he bring his suit?

negligence theory

Owners of wild animals that cause injury are held to a strict liability standard for all of these reasons, except:

owners of wild animals tend to be crazy

An example of a breed of dog that has been ruled to be dangerous and would therefore place its owner in the position of strict liability for any injuries caused by the dog is

pit bull

The requirement (now abolished in many jurisdictions) that the person injured by a defective product have a contractual relationship with the manufacturer.

privity

When a manufacturer of a product is liable for any injuries caused by the product, regardless of his fault or the fact that he followed safety precautions.

products liability

The legal doctrine that holds that a person is liable for any damages resulting from inherently dangerous activities, no matter what safety precautions the person uses.

strict liability

The pleading in which a contributory negligence defense would be raised.

the answer

Under the last clear chance doctrine, if the defendant had the last opportunity to avoid injuries to the plaintiff,

the defendant will not be able to use the defense of contributory negligence

Mitigation of damages most closely resembles which court doctrine

the doctrine of avoidable consequences

The doctrine that holds that if the defendant had the final opportunity of avoiding harm to the plaintiff and did not do so, contributory negligence will not be a factor in the case.

the last clear chance doctrine