Скачать или смотреть MBE Torts Masterclass: contributory and comparative negligence.

This episode of MBE Torts Prep explains how plaintiff fault affects recovery in negligence cases and why identifying the jurisdiction’s system is the most important first step. Under contributory negligence, any plaintiff fault—even one percent—completely bars recovery, making it the harshest rule. The key exception is last clear chance, which allows a negligent plaintiff to recover if the defendant had a final clear opportunity to avoid the harm and failed to do so. Under pure comparative negligence, the plaintiff can recover regardless of how high their percentage of fault is, with damages simply reduced by that percentage. Modified comparative negligence imposes a threshold bar, and the outcome hinges on the wording: in a 50-percent bar jurisdiction, a plaintiff who is 50% at fault is barred, while in a 51-percent bar jurisdiction, a plaintiff at exactly 50% may still recover. The episode emphasizes that students must read the threshold language carefully, apply the bar rule before doing any damage math, and remember that these plaintiff-fault defenses generally apply to negligence—not intentional torts. The core exam strategy is mechanical: identify the system, determine the plaintiff’s fault percentage, apply the bar if one exists, reduce damages if appropriate, and check for last clear chance only in contributory-negligence jurisdictions.