Flowchart
Negligence Defenses
Flowchart content
DEFENSES TO NEGLIGENCE
CONTRIBUTORY NEGLIGENCE
ASSUMPTION
OF RISK
COMPARATIVE NEGLIGENCE
Standard of Care
Formally Aff. Def.
Express
Inherent hazards, accepted activity
Future Neg.
Some may not be assumed
Common Carriers
Statute
Fraud/force/emergency
Implied
Expressed
Knowledge
Voluntary
Partial
Pure
Allows for any % recovery (MBE)
>50% or =/>50% recovery
Imputed
Last Clear Chance
Effect
No defense to Intentional torts
Avoidable Consequences distinguished
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- Description
- Flowchart on Negligence Defenses, created by Kristin Tormey on 17/07/2019.
- Created by
- Kristin Tormey
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