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Question 1
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. If Mike sues in a contributory negligence jurisdiction, he will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under common law, a plaintiff's contributory negligence was an absolute and complete bar to recovery so that, if a jury found contributory negligence, the plaintiff cannot recover against the defendant at all. Here, Mike's behavior contributed to the events that led to his injuries. Therefore, he will be barred from recovery and D is the correct answer.
Incorrect! Under common law, a plaintiff's contributory negligence was an absolute and complete bar to recovery so that, if a jury found contributory negligence, the plaintiff cannot recover against the defendant at all. Here, Mike's behavior contributed to the events that led to his injuries. Therefore, he will be barred from recovery and D is the correct answer.