1. a. Describe the differences between contributory negligence and comparative negligence.
b. If you live in a state that applies the doctrine of contributory negligence, what is its effect on a suit in
negligence?
c. If you live in a state that applies the doctrine of comparative negligence, what is its effect on a suit in
negligence?
d. Which standard do most states use? Which standard does Tennessee use?
2. Suppose Palsgraf were set in today’s time.
a. Is it more or less likely that a passenger would attempt to board a vehicle of mass transportation carrying
an unmarked package containing explosives? Does that make a plaintiff’s injuries resulting from such
behavior more or less foreseeable?
b. Who might become the defendant in this modern lawsuit? Does that change the “circle of foreseeability”
enough that the result might change? Would Ms. Palsgraf recover today?
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