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Zane is jaywalking in a jurisdiction that applies contributory negligence. Walter sees Zane in the street, notices that he is not in the crosswalk, and
Zane is jaywalking in a jurisdiction that applies contributory negligence. Walter sees Zane in the street, notices that he is not in the crosswalk, and proceeds to hit Zane with his vehicle because he believes that Zane should be taught a lesson about how to cross the street. Walter does slow down somewhat and only causes Zane some significant bruising, but Zane is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?
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- Walter will not be held liable because Zane was contributorily negligent.
- Zane will lose because Walter, at least, reduced his speed.
- Zane will win because of comparative negligence.
- Walter will win because of the assumption of risk doctrine based upon the fact that Zane committed an offense by crossing the street which he did in violation of clearly defined law.
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