Marty is late for school one day so, instead of walking like he normally does, he gets onto his skateboard, grabs hold of the back of a passing pick-up truck, and holds on for the ride. At some point, the truck passes through a busy intersection. Unfortunately, Biff, who is coming from the other direction, runs his red light, barrels through the intersection and crashes into the pick-up truck. The truck is damaged and Marty is severely injured. If Marty sues Biff for negligence and they are in a contributory negligence jurisdiction, Marty will collect:
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under common law, plaintiff's contributory negligence was an absolute and complete bar to recovery, meaning that if a jury found contributory negligence, plaintiff could not recover against defendant at all. Although most jurisdictions now use comparative negligence, contributory negligence is still a complete bar to recovery in the jurisdictions that do use it. Therefore, because Marty certainly contributed to his own injuries, he will be completely barred from recovering anything from Biff and D is the correct answer.
Incorrect! Under common law, plaintiff's contributory negligence was an absolute and complete bar to recovery, meaning that if a jury found contributory negligence, plaintiff could not recover against defendant at all. Although most jurisdictions now use comparative negligence, contributory negligence is still a complete bar to recovery in the jurisdictions that do use it. Therefore, because Marty certainly contributed to his own injuries, he will be completely barred from recovering anything from Biff and D is the correct answer.
Question 2
Marty is late for school one day so, instead of walking like he normally does, he gets onto his skateboard, grabs hold of the back of a passing pick-up truck, and holds on for the ride. At some point, the truck passes through a busy intersection. Unfortunately, Biff, who is coming from the other direction, runs his red light, barrels through the intersection and crashes into the pick-up truck. The truck is damaged and Marty is severely injured. Marty sues Biff for negligence. The suit is brought in a pure comparative negligence jurisdiction and the jury determines that Marty is 70% responsible for his injuries and Biff is 30% responsible for Marty's injuries. That being the case, Marty will collect:
Correct In pure comparative negligence jurisdictions, the plaintiff is allowed to recover even if his negligence is greater than defendant's negligence. Here, Marty's negligence was greater than Biff's but he will still be allowed to recover for Biff's negligence. Therefore, Marty will be able to collect 30% of the damage award and A is the correct answer.
Incorrect! In pure comparative negligence jurisdictions, the plaintiff is allowed to recover even if his negligence is greater than defendant's negligence. Here, Marty's negligence was greater than Biff's but he will still be allowed to recover for Biff's negligence. Therefore, Marty will be able to collect 30% of the damage award and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Marty is late for school one day so, instead of walking like he normally does, he gets onto his skateboard, grabs hold of the back of a passing pick-up truck, and holds on for the ride. At some point, the truck passes through a busy intersection. Unfortunately, Biff, who is coming from the other direction, runs his red light, barrels through the intersection and crashes into the pick-up truck. The truck is damaged and Marty is severely injured. Marty sues Biff for negligence. The suit is brought in a partial comparative negligence jurisdiction and the jury determines that Marty is 70% responsible for his injuries and Biff is 30% responsible for Marty's injuries. That being the case, Marty will collect:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Partial comparative negligence, which most jurisdictions apply, completely bars recovery if the plaintiff's negligence exceeds a certain threshold. Some states will not allow the plaintiff to recover if his negligence is equal to or greater than the defendant's negligence (i.e. if the plaintiff was 50% negligent or more). Some jurisdictions reverse these standards, and allow plaintiff to recover if defendant's negligence is equal to or exceeding that of plaintiff (i.e. if the defendant was 50% negligent or more). Either way, Marty was much more that 50% negligent. Therefore, he will be barred from recovering against Biff and D is the correct answer
Incorrect! Partial comparative negligence, which most jurisdictions apply, completely bars recovery if the plaintiff's negligence exceeds a certain threshold. Some states will not allow the plaintiff to recover if his negligence is equal to or greater than the defendant's negligence (i.e. if the plaintiff was 50% negligent or more). Some jurisdictions reverse these standards, and allow plaintiff to recover if defendant's negligence is equal to or exceeding that of plaintiff (i.e. if the defendant was 50% negligent or more). Either way, Marty was much more that 50% negligent. Therefore, he will be barred from recovering against Biff and D is the correct answer
Question 4
Mike and Ike are two self-proclaimed dare devils who love the adrenaline rush they get from pulling off dangerous stunts. One of their favorite games is "car dodging" where they run out into the middle of the street and dodge oncoming traffic. However, Mike and Ike are not as brave as they think they are and they only jump out in front of cars that are going slow enough to stop in time when the driver sees what is going on. One day, Mike and Ike decide to car dodge on Main Street, a road in their town with a speed limit of 25 mph. Mike jumps into the street about one hundred feet in front of an oncoming Yugo. Unfortunately, the car is moving at 90 mph, much too fast to avoid hitting Mike. Mike can't get out of the way in time and is severely injured when the car hits him. Mike sues the driver, arguing that the driver was negligent for traveling at 65 mph above the speed limit. The Jury determines that Mike has suffered $10,000 in damages but that he was 90% at fault and the driver was only 10% at fault. If Mike sues in a pure comparative negligence jurisdiction, he will:
Correct
Incorrect!
Correct
Incorrect!
Correct Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence. However, his recovery will be reduced by his percentage of fault. Here, Mike was 90% at fault, so he will only be able to recover 10% of his damages, or $1,000. Therefore, C is the correct answer.
Incorrect! Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence. However, his recovery will be reduced by his percentage of fault. Here, Mike was 90% at fault, so he will only be able to recover 10% of his damages, or $1,000. Therefore, C is the correct answer.
Correct
Incorrect!
Question 5
Marty is late for school one day so, instead of walking like he normally does, he jumps into his dad's car and begins to drive. In his rush, Marty forgot to buckle his seatbelt. While passing through an intersection, Mary is hit by Biff who has run a red light. The impact of the crash throws Marty through his windshield and he is seriously injured. If a jury decides that Marty failed to mitigate the damage by wearing a seatbelt, Marty will not be able to recover in a negligence suit against Biff:
Correct
Incorrect!
Correct Where a plaintiff unreasonably fails to mitigate damages, recovery will be reduced but not barred completely. Therefore, Marty will be able to recover partially against Biff and False is the correct answer.
Incorrect! Where a plaintiff unreasonably fails to mitigate damages, recovery will be reduced but not barred completely. Therefore, Marty will be able to recover partially against Biff and False is the correct answer.
Question 6
Mike and Ike are two self-proclaimed dare devils who love the adrenaline rush they get from pulling off dangerous stunts. One of their favorite games is "car dodging" where they run out into the middle of the street and dodge oncoming traffic. However, Mike and Ike are not as brave as they think they are and they only jump out in front of cars that are going slow enough to stop in time when the driver sees what is going on. One day, Mike and Ike decide to car dodge on Main Street, a road in their town with a speed limit of 25 mph. Mike jumps into the street about one hundred feet in front of an oncoming Yugo. Unfortunately, the car is moving at 90 mph, much too fast to avoid hitting Mike. Mike can't get out of the way in time and is severely injured when the car hits him. Mike sues the driver, arguing that the driver was negligent for traveling at 65 mph above the speed limit. The Jury determines that Mike has suffered $10,000 in damages but that he was 90% at fault and the driver was only 10% at fault. If Mike sues in a partial comparative negligence jurisdiction, he will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Partial comparative negligence, which most jurisdictions apply, completely bars recovery if plaintiff's negligence is equal to or greater than the defendant's negligence. Here, Mike's percentage of fault was greater than the driver's percentage of fault so he will be barred from recovering. Therefore, D is the correct answer.
Incorrect! Partial comparative negligence, which most jurisdictions apply, completely bars recovery if plaintiff's negligence is equal to or greater than the defendant's negligence. Here, Mike's percentage of fault was greater than the driver's percentage of fault so he will be barred from recovering. Therefore, D is the correct answer.
Question 7
Mike and Ike are two self-proclaimed dare devils who love the adrenaline rush they get from pulling off dangerous stunts. One of their favorite games is "car dodging" where they run out into the middle of the street and dodge oncoming traffic. However, Mike and Ike are not as brave as they think they are and they only jump out in front of cars that are going slow enough to stop in time when the driver sees what is going on. One day, Mike and Ike decide to car dodge on Main Street, a road in their town with a speed limit of 25 mph. Mike jumps into the street about one hundred feet in front of an oncoming Yugo. Unfortunately, the car is involved with two other cars in a drag race and is moving at 90 mph, much too fast to avoid hitting Mike. Mike can't get out of the way in time and is severely injured when the car hits him. Mike sues the driver, arguing that the driver was negligent for traveling at 65 minutes above the speed limit. The Jury determines that Mike has suffered $10,000 in damages but that he was 40% at fault. The jury also determines that each driver was 20% at fault. If Mike sues in a partial comparative negligence jurisdiction that allows the plaintiff to aggregate defendants' percentages, he will:
Correct
Incorrect!
Correct In jurisdictions that allow the plaintiff to aggregate the defendants' percentages, if the plaintiff's negligence is less than the aggregate of the defendants' negligence, the plaintiff will be able to recover. Here, Mike was 40% at fault and the aggregate of the defendants' fault was 60%. That being the case, Mike will be able to recover $6,000 in damages and B is the correct answer.
Incorrect! In jurisdictions that allow the plaintiff to aggregate the defendants' percentages, if the plaintiff's negligence is less than the aggregate of the defendants' negligence, the plaintiff will be able to recover. Here, Mike was 40% at fault and the aggregate of the defendants' fault was 60%. That being the case, Mike will be able to recover $6,000 in damages and B is the correct answer.