A plaintiff wants to sue on a negligence tort, but knows that he was partly as fault. Which of the

following is true?

A) If the plaintiff's fault is only 5 percent, his recovery will be the same under either pure or
partial comparative negligence.
B) In all circumstances the plaintiff will recover more under pure comparative negligence
than under partial comparative negligence.
C) A state applying contributory negligence will allow the plaintiff to recover so long as his
fault is minor.
D) Because the plaintiff is partly at fault, he will not be able to recover under either
comparative or contributory negligence.
E) The plaintiff will have to elect whether to sue under comparative or contributory
negligence.

A