Torts18: If the potential case of Sally v. Tony and Alex (and his guardians) passes all the tests in the ABCD formula, w
Posted: Wed Jul 06, 2022 6:22 pm
Torts18: If the potential case of Sally v. Tony and Alex (and his guardians) passes all the tests in the ABCD formula, what could potentially be the defenses for the defendants? a. Comparative Negligence (Sally was contributorily negligent and therefore Sally's ability to recover damages will be reduced by a percentage in which the plaintiffs are at fault) b. All potential defenses (volenti non fit injuria, contributory negligence, comparative negligence) are available to the defendants as they all apply, given the circumstances c. Volenti non fit injuria (walking across the road at a busy intersection is an unusually dangerous activity) d. There are no viable defenses available to the defendants in this case, given the circumstances e. Contributory Negligence (Sally, in walking across the road at a busy intersection, was herself negligent)