Ace the Intro to Paralegal Studies 2025 – Unleash Your Legal Eagle Powers!

Contributory Negligence is an affirmative defense to negligence because it demonstrates that the plaintiff's own actions contributed to the harm they suffered. In jurisdictions that recognize this defense, if the plaintiff is found to be even slightly negligent, their recovery for damages can be completely barred. This defense shifts some or all responsibility for the damages back onto the plaintiff, suggesting that their failure to exercise reasonable care led to their own injury.

In contrast, Res Ipsa Loquitur is a doctrine used to infer negligence when a specific act is an accident that typically doesn't occur without negligence, but it doesn't serve as an affirmative defense on its own. Transference, while potentially relevant in certain contexts, does not qualify as an affirmative defense in negligence cases. Malpractice refers to negligence carried out by a professional and is not an affirmative defense, but rather a claim that could be brought against someone in a professional capacity for failing to meet the standard of care.