Month: July 2022

by Professor Frank B. Cross Defenses To Negligence Comparative negligence: The Plaintiff’s recovery is reduced by his/her proportionate share of liability for the Plaintiff’s harm. Assumption of risk: The Plaintiff assumed the risk if the Plaintiff: (1) saw the risk was present, (2) saw the implication of the risk and (3) assumed that risk. EXAMPLE: When you go skiing, you…

by Professor Frank B. Cross Tort law requires: (1) a duty which is breached and (2) a legally protected interest. Everyone has a duty to behave as a “reasonable person,” though some people have a higher duty of care (e.g., a doctor) and others have a lower standard (e.g., children and the mentally impaired). Even if you have breached a…