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An example of contributory negligence as a defense would be where driver A runs a stop sign and collides with driver B who is traveling on the cross street. Driver A would be negligent for failing to stop. However, if driver B was driving at 65 mph in a 25 mph zone, driver A could argue that driver B was contributorily negligent. Had Driver B not been traveling at such an excessive rate of speed, the accident might not have occurred. In order for driver B to recover from driver A, driver B would have to show that he was not contributorily negligent, or else he would not be able to recover.
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Thanks. That's great! Can I ask one more question. I'm preparing a Complaint, reading the Practice Book, the Statutes, etc. I am a pro se plaintiff. But I will always start a new question after a reply or two...iow I don't hound any of the legal experts.
What is "legal relief" v "equitable relief"?
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