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QUESTION 33 The contributory negligence defense allows a defendant to prevent the judge from applying ratio decidendi. Oabsol

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33. The contributory negligence defense ...

Ans: Reduce damages awarded a plaintiff who has played a role in causing his/her injury.

Reason: Contributory negligence means negligence happened due to the fault of both the parties. But who contributed more is the question which the court decides based on evidence. According to the contribution of the party, compensation is granted.

34. ... just compensation in terms of

Ans: market value of a specific resource.

Reason: In actual, loss occurred by the plaintiff in terms of physical, mental, emotional should be awarded to the plaintiff. But it's very difficult to get an exact valuation of subjective losses in terms of money. So the court tries to find out the best available market value for the losses and award as compensation. The awarded compensation is called just compensation, as an exact valuation of losses cannot be done.

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