An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree is called what?

An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree is called what?

• A. Comparative negligence
• B. Contributory negligence
• C. Assumption of risk
• D. Res ipsa loquitur

Answer: (A)

The concept being tested is how fault is allocated when the plaintiff’s own actions contribute to the injury. The defense that the defendant can raise in this situation is comparative negligence, which argues that the plaintiff’s degree of fault reduces the damages awarded. Instead of denying all liability, damages are apportioned according to how much each party is at fault. For example, if the plaintiff is found to be 30% at fault, they would typically recover 70% of the damages. This contrasts with contributory negligence, where any fault by the plaintiff could bar recovery entirely in jurisdictions that follow that rule. Assumption of risk and res ipsa loquitur describe different concepts—assumption of risk involves the plaintiff knowingly taking on the danger, and res ipsa loquitur is a doctrine used to infer negligence from the surrounding facts.

The concept being tested is how fault is allocated when the plaintiff’s own actions contribute to the injury. The defense that the defendant can raise in this situation is comparative negligence, which argues that the plaintiff’s degree of fault reduces the damages awarded. Instead of denying all liability, damages are apportioned according to how much each party is at fault. For example, if the plaintiff is found to be 30% at fault, they would typically recover 70% of the damages. This contrasts with contributory negligence, where any fault by the plaintiff could bar recovery entirely in jurisdictions that follow that rule. Assumption of risk and res ipsa loquitur describe different concepts—assumption of risk involves the plaintiff knowingly taking on the danger, and res ipsa loquitur is a doctrine used to infer negligence from the surrounding facts.