Multistate Bar Examination Practice Question
In a jurisdiction that follows comparative negligence principles, a plaintiff who is determined to have been more at fault than the defendant is always barred from recovering damages.
False
True
In a jurisdiction that follows comparative negligence principles, a plaintiff who is determined to have been more at fault than the defendant is always barred from recovering damages.
False
True
This statement is false. Comparative negligence systems vary between pure and modified forms. In pure comparative negligence jurisdictions, a plaintiff can recover damages even if they are primarily at fault, with their recovery reduced by their percentage of fault. In modified comparative negligence jurisdictions, a plaintiff is barred from recovery only if their fault exceeds a certain threshold, commonly 50% or equal to the fault of the defendant. The inclusion of 'always' in the statement makes it incorrect as it does not account for the existence of pure comparative negligence systems.
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