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Affirmative Defenses SummaryStephanie Bartles Kaplan University PA110-01David Rakowski05/13/20141
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 owninjury 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