What This Document Is
This is an outline for the Torts II portion of LAW9386, a Business Torts course at Baylor University. It specifically focuses on affirmative defenses to negligence claims, covering concepts like contributory negligence and assumption of the risk. It’s designed as a study aid to organize the core legal principles and case law for this section of the course.
Why This Document Matters
This outline is essential for law students enrolled in Business Torts. It’s used for review, exam preparation, and to understand the structure of the course material on affirmative defenses. Understanding these defenses is crucial for analyzing negligence claims and predicting litigation outcomes. It provides a framework for understanding how a defendant might avoid liability even when their actions contributed to harm.
Common Limitations or Challenges
This outline provides a structural overview and key case references, but it does *not* offer in-depth legal analysis or application of the concepts to hypothetical scenarios. It’s a roadmap, not a substitute for reading the assigned cases and participating in class discussions. It will not provide a complete understanding of the nuances of each defense.
What This Document Provides
The outline includes:
* A breakdown of contributory negligence, including traditional, pure, and modified comparative fault approaches, with references to key cases like *Wright v. Norfolk* and *McIntyre v. Balentine*.
* Discussion of different methods for determining responsibility between multiple defendants (Wisconsin Rule vs. Unit Rule).
* An overview of assumption of the risk, both express and implied, including enforceability of waivers (*Wagenblast v. Odessa School Dist.*, *Turnbough v. Ladner*).
* Analysis of how comparative fault impacts assumption of the risk claims (*Davenport v. Cotton Hope*).
This preview does *not* include detailed case briefs, practice questions, or a comprehensive discussion of all potential exceptions or complexities within these legal doctrines.