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Under pure contributory negligence, each party's negligence is measured in terms of percentage of fault for the entire accident, and any damages allowable to the plaintiff shall be diminished in proportion to amount of negligence attributable to the plaintiff.

a) True
b) False

1 Answer

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Final answer:

The statement provided on pure contributory negligence is false, as under this doctrine, a plaintiff who is even minimally at fault cannot recover damages from a defendant.

Step-by-step explanation:

The statement about pure contributory negligence is false. Under the doctrine of pure contributory negligence, if a plaintiff is found to be even partially at fault for the accident, no matter how minimal their percentage of fault, they cannot recover any damages from the defendant. In contrast, comparative negligence systems allow for damages to be diminished in proportion to the plaintiff's degree of fault. In the given example where a car manufacturer is found liable for injuries caused by known brake defects, the application of pure contributory negligence would mean that if any of the plaintiffs were found to be even 1% at fault for the accident, they would be barred from receiving any compensation from the manufacturer.

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