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29 October, 15:25

Laura was riding her new motorbike in a residential area. she had to swerve suddenly to avoid hitting a small child who had run onto the street after a ball. as a result, laura hit a tree and fractured three ribs and her right arm. the motorbike also sustained considerable damage. laura sued the father of the child who was present at the scene of the accident for negligence, but in court the defense argued that laura had exceeded the speed limit. which defenses to negligence has been used here by the defendant

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  1. 29 October, 15:47
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    The answer is "Contributory negligence".

    Contributory negligence is a rule of law that has been generally canceled in the U. S., as it considered that an offended party who was even halfway to blame for the episode, because of his own carelessness, couldn't recoup any harms from the litigant, who probably caused the occurrence.

    In the U. S., contributory negligence was truly a guard to a claim asserting harms caused by carelessness with respect to the respondent. Fundamentally, this guideline kept up that if an offended party, through some carelessness of his own, contributed in any capacity to the mischief he endured, he might be denied pay totally. The standard of contributory negligence could be connected to a case by the court, regardless of whether it was asserted as a resistance amid the preliminary.
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