A plaintiff knows that the wheel bearing of the front tire of the ...

[NClaborn]

A plaintiff knows that the wheel bearing of the front tire of the plaintiff's bicycle is failing but
  nonetheless decides to go for a bike ride. The bearing fails and plaintiff swerves into on-coming traffic
  and gets hit. The driver will use which defense to escape liability?
 
  A) contributory negligence B) last clear chance
  C) comparative negligence D) assumption of the risk

Question 2

That theory of comparative negligence which would allow plaintiff to recover if 8 liable for the
  injury but not for 39 liable for the injury is known as
 
  A) partial comparative negligence
  B) modified comparative negligence
  C) slight-gross theory of comparative negligence
  D) modified comparative negligence

[scottmt]

Answer to Question 1

D

Answer to Question 2

C