A plaintiff wants to sue on a negligence tort, but knows that he was partly as fault. Which of the following is true?
a. A state applying contributory negligence will allow the plaintiff to recover so long as his fault is minor.
b. The plaintiff will have to elect whether to sue under comparative or contributory negligence.
c. Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.
d. If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence.
e. In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence.
