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Source Best Interests of the Child Complete Family Law for MPT List Showing the closest available flashcard practice.

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0 tracked cards Torts

A pedestrian negligently stepped into a crosswalk against a signal. A driver also negligently looked away from the road and hit the pedestrian. The jurisdiction follows traditional contributory negligence and no last-clear-chance facts are present.
What is the likely effect of the pedestrian's negligence?

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The plaintiff is barred because any contributory negligence traditionally defeats an ordinary negligence claim unless an exception applies. The plaintiff recovers full damages because plaintiff negligence is never a defense. The plaintiff recovers nominal damages because contributory negligence affects only damages, not liability. The plaintiff is barred only if the defendant was also negligent.

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