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Exam 8: Negligence: Defenses

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Question 41

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Proximate cause is always construed more narrowly in the case of contributory negligence than in the case of a defendant's negligence.

A) True
B) False

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Question 42

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What is a statute of repose and when does it begin to run?

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Whereas the statute of limitations begin...

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Question 43

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Under the common law, spouses were considered one entity and could not sue one another.

In some states, assumption of risk is distinguished from contributory negligence in that one who acts with adventurousness is said to have , while one who acts carelessly is said to have . Furthermore, under assumption of risk, a(n) standard is used to evaluate the plaintiff's conduct, while under contributory negligence, a(n) standard is used.

Some argue that charitable organizations should be immune from suit because beneficiaries of such organizations impliedly waive their rights to sue by accepting the benefits the organization has to offer.

What is the last clear chance doctrine?

Suppose a jury determines that the plaintiff is 50 percent to blame for his or her injuries and that the defendant is 50 percent to blame for his or her injuries. What will the plaintiff recover if the jurisdiction in which the claim is litigated adheres to the "not as great as" approach?

Contributory negligence is not a defense if the defendant acts intentionally but is a defense if the defendant acts recklessly.

Some states have characterized contributory negligence as adventurousness and assumption of risk as carelessness.

Some courts have used the theory, based on the premise that funds paid to charitable institutions should not be used to pay judgments resulting from tort claims, to justify charitable immunity. An alternate theory that is also used to justify charitable immunity is called the theory.

What does the FTCA provide in terms of liability for negligent and intentional torts committed by government employees?

What is the potential problem in reference to the statute of limitations in cases involving defective products?