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Flashcards in Defenses to Negligence Deck (8)
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Contributory Negligence and Intentional Torts

Not a defense to an intentional tort!


Definition of Comparative Negligence

Divides the liability between P and D in proportion to their relative degrees of fault. P's recovery is reduced by a proportion equal to the ratio between his own negligence and the total negligence contributing to the accident


Definition of Assumption of Risk

P is said to have assumed the risk of certain harm if he has voluntarily consented to take his chances that harm will occur. Where such assumption of risk is shown, P is completely barred from recovery


Elements of assumption of risk

1 - actual knowledge of the particular risk
2 - appreciation of its magnitude
3 - voluntary encountering of the risk (most important!)


3 exceptions for contracts under PP exception

1 - when the party protected by the clause intentionally causes harm or engages in acts of reckless, wanton, or gross negligence
2 - when the bargaining power of one party to the contract is so grossly unequal so as to put that party at the mercy of the other's negligence
3 - when the transaction involves the public interest


Statute of Repose

max time limit an action can be brought - usually for manufacturers of airplanes or architects


Definition of Immunity

a defense to tort liability that is given to an entire class of persons based on their relationship with the prospective P, the nature of their occupation, their status as a governmental or charitable entity, etc


Affirmative action and police liability/gov liability

failure to provide police protection generally does not result in liability, unless the police make an affirmative action