DEFENSES TO NEGLIGENCE QUESTIONS
WITH 100% CORRECT ANSWERS [
GRADED A+]
Contributory Negligence - ✔✔Plaintiff's fault bars recovery completely under
common law.
Comparative Negligence - ✔✔Plaintiff's fault reduces recoverable damages, not
total bar.
Comparative Fault - ✔✔Broader term for fault affecting damage recovery.
©morren2024/2025.Year published 2025.
,Comparative Responsibility - ✔✔Considers various factors in apportioning
liability.
Affirmative Defense - ✔✔Defendant's claim to reduce or eliminate liability.
Prima Facie Case - ✔✔Initial evidence sufficient for a case to proceed.
Butterfield v. Forester - ✔✔Case establishing contributory negligence as complete
defense.
Ordinary Care - ✔✔Standard of care expected from a reasonable person.
New York McKinney's Civ. Prac. Law § 1411 - ✔✔Statute exemplifying Pure
Comparative Fault.
Pure Comparative Fault - ✔✔Fault reduces damages proportionally, no total bar.
©morren2024/2025.Year published 2025.
, Modified Comparative Fault - ✔✔Recovery barred if plaintiff's fault exceeds 50%.
Wisconsin Stat. Ann. § 895.045 - ✔✔Statute illustrating Modified Comparative
Fault principles.
Causal Connection - ✔✔Relationship between conduct and resulting damages.
Immunity from Tort Liability - ✔✔Complete protection from legal claims in certain
cases.
Jury's Role - ✔✔Determines fault attribution based on evidence presented.
Defendant's Burden - ✔✔Defendant must prove affirmative defenses in court.
©morren2024/2025.Year published 2025.
WITH 100% CORRECT ANSWERS [
GRADED A+]
Contributory Negligence - ✔✔Plaintiff's fault bars recovery completely under
common law.
Comparative Negligence - ✔✔Plaintiff's fault reduces recoverable damages, not
total bar.
Comparative Fault - ✔✔Broader term for fault affecting damage recovery.
©morren2024/2025.Year published 2025.
,Comparative Responsibility - ✔✔Considers various factors in apportioning
liability.
Affirmative Defense - ✔✔Defendant's claim to reduce or eliminate liability.
Prima Facie Case - ✔✔Initial evidence sufficient for a case to proceed.
Butterfield v. Forester - ✔✔Case establishing contributory negligence as complete
defense.
Ordinary Care - ✔✔Standard of care expected from a reasonable person.
New York McKinney's Civ. Prac. Law § 1411 - ✔✔Statute exemplifying Pure
Comparative Fault.
Pure Comparative Fault - ✔✔Fault reduces damages proportionally, no total bar.
©morren2024/2025.Year published 2025.
, Modified Comparative Fault - ✔✔Recovery barred if plaintiff's fault exceeds 50%.
Wisconsin Stat. Ann. § 895.045 - ✔✔Statute illustrating Modified Comparative
Fault principles.
Causal Connection - ✔✔Relationship between conduct and resulting damages.
Immunity from Tort Liability - ✔✔Complete protection from legal claims in certain
cases.
Jury's Role - ✔✔Determines fault attribution based on evidence presented.
Defendant's Burden - ✔✔Defendant must prove affirmative defenses in court.
©morren2024/2025.Year published 2025.
