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Which of the following standards has been used when a plaintiff is prevented from receiving remuneration following an injury due to the fact that he was found to have planed a minor role in his own injury?

A. Contributory
B. Comparative
C. Vicarious
D. Gross

1 Answer

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Final answer:

The Contributory Negligence standard prevents a plaintiff from receiving compensation for an injury if they played any part in causing it, even a minor one. It is a strict doctrine, and in contrast, Comparative Negligence allows for reduced compensation based on the plaintiff's degree of fault.

Step-by-step explanation:

The standard used in cases where a plaintiff is prevented from receiving remuneration following an injury due to their own partial fault is the Contributory Negligence standard. This principle applies when the plaintiff's own negligence contributed to the injury they suffered, limiting or altogether prohibiting them from recovering damages. In jurisdictions that still adhere to this strict doctrine, even a minor degree of fault on the part of the plaintiff can result in a complete bar from any recovery of damages.

However, many jurisdictions have replaced contributory negligence with Comparative Negligence, which allows recovery of damages but reduces the amount according to the plaintiff's percentage of fault. Under comparative negligence, a plaintiff who is partially responsible for their own injury may still receive some compensation, which is proportionally reduced based on their share of the fault.

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