tort class notes 1,27

# tort class notes 1,27 - Missed 1/20 and 1/25 Comparative...

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Missed 1/20 and 1/25 Comparative fault. Pure contributory negligent Modified comparative fault. Threwshhold, if plaintiffs fault is higher then threshold use contributory negligent and p gets o and if less then comparative fault. Two modifiefd. Types. 1) Bar plaintiff if more then 50% fault. 2) Bar if P fault is greater or = to 50% So diff is 50-50 case Example. Damage is 100,000. So if p has 49% and d has 51%. If pure comparative fault he will get 51,000. If we are in modified 1 so then get 51,000. If we are in modified 2 get 51000. If p had 50% and d has 50%. If pure get 50000 If modified 1 get 0. If modified 2 gate 50,000. If p has 51% and d has 49%. So if pure get 49000 If modified 1 get 0. If modified 2 get 0. Case: 2 car drivers, one speeding, p in front didn’t put on tail lights, its dusk. P sues d. d says contributory negligence. If p can show that due to combonation of curve and speed he couldn’t have stop even if saw- lights on, so then p fault but not contributory since

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## This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

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tort class notes 1,27 - Missed 1/20 and 1/25 Comparative...

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