SBartles-PA110-01-Affirmative Defenses Summary- Unit 4 - 1 Affirmative Defenses Summary Stephanie Bartles Kaplan University PA110-01 David Rakowski 2

SBartles-PA110-01-Affirmative Defenses Summary- Unit 4 - 1...

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Affirmative Defenses Summary Stephanie Bartles Kaplan University PA110-01 David Rakowski 05/13/2014 1
After doing some research for our case against Mr. King, I came up with these affirmative defenses to help us. Comparative Fault / Contributory Negligence A) Contributory negligence. Under a contributory negligence standard, a plaintiff is barred from recovery if his negligence contributed to the accident that led to the claim. Illinois no longer recognizes contributory negligence. Alvis v. Ribar , 85 Ill. 2d 1, 5, 421 N.E.2d 886 (1981). B) Comparative fault. Under a pure comparative fault standard, a plaintiff that was negligent in causing his own injury may recover, but only proportional to other parties’ fault. Illinois does not recognize pure comparative fault. Id. at 16, 421 N.E.2d at 892. C) Modified comparative fault. Illinois follows a modified comparative fault system, which combines elements of

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