Contributory Negligence Assignment

I. Please review the following documents posted on Blackboard under the Assignments tab:

1.) Law review article regarding contributory negligence (.docx file)

            2.) Text of the Uniform Apportionment of Tort Responsibility Act, a proposed bill from the 2009-                           2010 session of the North Carolina General Assembly (.pdf file)

II. Please write a paper of approximately five pages which explores the following questions:

a. How would you define contributory negligence? 

b. How would a clever plaintiff’s attorney seek to avoid this rule, and what exceptions or doctrines might he or she cite? How would counsel for the defense answer these exceptions or doctrines?

c. What are the benefits of retaining this doctrine? What are the detriments of retaining the doctrine? Who would benefit from changes in the law, and who would suffer?

d. What effect would the Uniform Apportionment of Tort Responsibility Act have on the doctrine of contributory negligence? What doctrine would have become law if the bill had passed? (It stalled in the NC Senate and was never put to a vote, although it was passed by the NC House.) Do you think that this proposed bill from 2009-2010 is a good proposal?

e. If you were a member of the General Assembly, would you vote to change the current law, or would you keep it the same? If you voted to change the law, what system would you put in place to distribute fault?

Sample Solution