For each of the following situations, what “defense to negligence” or intentional tort would be most appropriate (pp. 280-81)? Briefly explain. Tort Defenses:
- Contributory Negligence
- Comparative Negligence
- Assumption of Risk
- Last clear chance
Intentional tort defenses
- consent
- privilege
- immunity
- self-defense

a) You attend a baseball game and you get hit by an errant foul ball.
b) Jim was a player in a pick-up basketball game. While going for rebound, he is elbowed by Harry in the nose (breaking it).
c) Jaywalker is hit by a car and the jury finds her 25% negligently liable and the driver 75% negligently liable. The law in that state prohibits jaywalker from recovering any damages. What legal negligence theory has been applied here?
d) Nancy, school nurse treats a student three days in a row for a variety of bruises to different parts of the body. Under state law, people in jobs like Nancy’s who observe such injuries are required to report it to the child protective services who conduct a child abuse investigation of the parents (turns out to be unfounded). Parents want to sue Nancy but cannot because the law that requires Nancy to report her suspicions also protects her from a lawsuit being filed against her if the abuse claim is unfounded.