Torts Bar Practice Exam

Contributory negligence refers to a legal concept in tort law, whereby a plaintiff's recovery for damages can be completely barred if they are found to have contributed to their own injury or harm through their own negligent actions. This means that if the plaintiff is found to be even slightly at fault—no matter how minimal their contribution to the harm—the defendant may not be held liable for damages. This rule emphasizes the notion that individuals are responsible for their own actions and cannot recover for injuries if they were also negligent.

In contrast, other options mention different concepts in tort law that do not align with the definition of contributory negligence. For example, the concept of shifting the burden of proof refers to the process in a trial where one party must prove their claims, but this does not directly apply to contributory negligence. Similarly, dividing damages based on fault is associated with comparative negligence, which allows for damages to be apportioned based on the degree of fault but contrasts with the absolute bar to recovery in contributory negligence. Lastly, stating that negligence is solely attributed to the defendant misrepresents the principle of contributory negligence, which requires consideration of both parties’ actions.