Relevant bibliographies by topics / Contributory negligence

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Contributory negligence'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 August 2024

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Journal articles on the topic "Contributory negligence"

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Meek, Jerry. "Contributory Negligence." Psychiatric Services 51, no. 6 (2000): 817—a—818. http://dx.doi.org/10.1176/appi.ps.51.6.817-a.

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Appelbaum, Paul S. "Contributory Negligence." Psychiatric Services 51, no. 6 (2000): 818. http://dx.doi.org/10.1176/appi.ps.51.6.818.

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TAN, S. Y. "Contributory Negligence." Internal Medicine News 43, no. 19 (2010): 83. http://dx.doi.org/10.1016/s1097-8690(10)71036-2.

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Tan, S. Y. "Contributory Negligence." Family Practice News 40, no. 20 (2010): 102–3. http://dx.doi.org/10.1016/s0300-7073(10)71313-x.

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haji, Awat Omer Qadir, and Zana Rafeeq Saeed. "Non-absolute Contributory Negligence in Car Accident." Journal of Legal and Political Studies 7, no. 2 (2019): 384–429. http://dx.doi.org/10.17656/jlps.10163.

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SUDAREV, GLEB A. "THE RELATIONSHIP BETWEEN CONTRIBUTORY NEGLIGENCE AND RECOURSE BETWEEN MULTIPLE TORTFEASORS." Ser-11_2023-3 64, no. 3, 2023 (2023): 97–113. http://dx.doi.org/10.55959/msu0130-0113-11-64-3-7.

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The article raises the issue of the relationship between contributory negligence and recourse between multiple tortfeasors. While using historical and comparative examples, the author concludes that it may be possible to jointly consider these concepts. The Roman law knew neither contributory negligence nor right of recourse which would allow for loss apportionment, and that is associated with punitive features of Roman actions in tort. In Germany, both concepts became widespread no earlier than after the civil law codification, and further case law applied rules on contributory negligence to recourse. In English law, contributory negligence as a partial defence and right of recourse appeared only in the course of the legislative reforms of the 20th century. Considering justifications for the similarity of these concepts offered in the doctrine, the author prefers the view that both imply several parties being outcome responsible for the loss. Upon the analysis of imputing acts of third persons as contributory negligence, it is shown that contributory negligence and right of recourse can be used interchangeably in certain contexts. The observed similarity of the two relation types, if true, by virtue of the equal treatment principle, requires that the same scale be applied to them, and implies admissibility of a parallel study.
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Hopkins, C. A. "CAUSATION AND CONTRIBUTORY NEGLIGENCE." Cambridge Law Journal 64, no. 3 (2005): 546–48. http://dx.doi.org/10.1017/s0008197305296952.

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Goudkamp, James, and Donal Nolan. "Contributory negligence in the Court of Appeal: an empirical study." Legal Studies 37, no. 3 (2017): 437–67. http://dx.doi.org/10.1111/lest.12153.

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In this paper we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine's operation in first instance courts. Our dataset comprised every appellate decision in which contributory negligence was an issue that was handed down during the study period and which we were able to access electronically. The most important findings include the fact that appeals succeed more frequently in relation to the existence of contributory negligence than with respect to apportionment; that the overall prospect of winning an appeal on contributory negligence does not depend on whether the first instance court is a county court or the High Court; that claimants are nearly twice as likely to win an appeal regarding the existence of contributory negligence as defendants; and that by far most common discount imposed following an appeal is 50%.
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Low, Stuart, and Janet Kiholm Smith. "The Relationship of Alternative Negligence Rules to Litigation Behavior and Tort Claim Disposition." Law & Social Inquiry 17, no. 01 (1992): 63–87. http://dx.doi.org/10.1111/j.1747-4469.1992.tb00931.x.

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Recently most states have abandoned the traditional tort defense of contributory negligence and substituted a form of comparative negligence. Using an extensive data set of auto accident injury claims, we provide evidence on the relationship between negligence rules and claimants' litigation decisions to retain attorneys, file lawsuits and litigate versus settle out of court. Litigation choices appear to be rational responses to the varying incentives created by alternative tort standards. We find that in contrast to comparative negligence, claims arising under comparative negligence are associated with greater probabilities of attorney involvement, higher average award levels, and longer delays in securing payment. Only 37% of claims involving attorneys in contributory negligence states result in a lawsuit being filed compared to 49% and 47% under the pure and modified forms of comparative negligence, respectively. The study provides the first statistical evidence on the litigation costs of the new forms of comparative negligence.
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Jerrold, Laurance. "Informed consent and contributory negligence." American Journal of Orthodontics and Dentofacial Orthopedics 119, no. 1 (2001): 85–87. http://dx.doi.org/10.1067/mod.2001.113056.

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Dissertations / Theses on the topic "Contributory negligence"

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Fuhlrott, Michael. "Der geschädigte Arbeitnehmer : zur Verfassungsmässigkeit des Ausschlusses von Schmerzensgeld in der Unfallversicherung sowie zur Herleitung der Haftung bei Eigenschäden im Hinblick auf das Verschuldensprinzip /." Frankfurt am Main ; New York : P. Lang, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014923379&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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De, Waal Elda. "The educator-learner relationship within the South African public school system :|ban educational-juridical perspective / Elda de Waal." Thesis, Potchefstroom University for Christian Higher Education, 2000. http://hdl.handle.net/10394/8616.

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Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the experiences that have led to this research. Dedicated educators sometimes default, leaving their wronged learners out m the cold. The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch contains the long-awaited Bill of Fundamental Rights, this study has been undertaken to give an educational-juridical perspective of the educator-learner relationship 1n South African public schools by means of a literature study and an elementary legal comparative study. Various legal terms which influence the educator-learner relationship significantly are defined. In conjunction with the private law status of the learner, the position of the learner within the school system, and the fundamental rights of the learner in the context of the administration of justice are identified and dealt with in so far as they have any bearing on the educator-learner relationship, Moreover, the legal determinants of the educator-learner relationship and the educator's duty of care are pinpointed to determine their significance in an accountable, responsive and open educator-learner relationship, A comparative school law perspective of the sources of school law, the duties and responsibilities of educators, the fundamental rights and legal obligations of the learner, the educator's duty of care, discipline and legal liability in England and Wales, Canada, Japan, and South Africa is presented in terms of similarities and differences, Attention is paid to the necessity of informing educators and learners concerning their respective rights and duties, in order to develop accountable, responsive and open educator-learner relationships in South African schools,<br>Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000
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Maslyannikov, Lev. "Skadebegränsningsprincipen : – den skadelidandes skyldighet att begränsa sin skada." Thesis, Linköpings universitet, Affärsrätt, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-137307.

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Den skadeståndsrättsliga principen om den skadelidandes skyldighet att begränsa sin skada ärväl känd och vedertagen i svensk rätt. Principen åberopas ofta som invändning iskadeståndstvister av alla slag, och har därmed stor praktisk betydelse. Principens köprättsligaoch försäkringsrättsliga motsvarigheter är generöst behandlade i doktrinen. På denskadeståndsrättsliga sidan förhåller det sig annorlunda – det här är första gången som ämnetblir tillägnat ett eget arbete i Sverige. Det finns många rättsfall där skadebegränsningsskyldigheten aktualiseras, men på grund avdomskälens utformning är rättsfallens värde som vägledning begränsat. Jag anser emellertid attuppmärksamheten inte bör överfokuseras på dessa. Intar man ett framåtblickande perspektiv,finns det gott om material och idéer att hämta från den övriga civilrätten, från rättsekonominoch – inte minst – från utlandet. Arbetets strukturella och metodologiska ramverk är utformatså, att största möjliga nytta kan dras av främmande källor utan att en djupgående (och oftastointressant) komparativ utredning av dessa källor behöver göras. Det huvudsakliga syftet med undersökningen var att definiera skadebegränsningsprincipensansvarsgräns. Med hänsyn till framställningen omfattning, hade det inte varit möjligt att göragrundliga utredningar av enskilda delproblem. Istället är arbetet fokuserat på att utrönaallmängiltiga riktlinjer, tankemönster och ledtrådar, dels för skadebegränsningsbedömningen isig, och dels för den tänkbara rättsutvecklingen. Ett flertal sådana riktlinjer har kunnatdefinieras, något utspridda över principens tillämpningsområde, och ibland även i sammanhangdär det inte är uppenbart att det är skadebegränsningshänsyn som styr. Samtidigt har åtskilligasystemiska problem uppdagats såväl i principens tillämpning som i den underliggandenormbildningen. Jag har ödmjukt lagt fram några lösningsförslag, med ändamålet att främja enmer rättssäker tillämpning av principen, dels på grundval av gällande rätt, och dels på grundvalav den tänkbara rättsutvecklingen på området.<br>The doctrine of avoidable loss is a generally recognized principle in Swedish law. The doctrine is often invoked in damage claim disputes of all kinds, and is therefore important in practice. There is plenty of legal literature where the doctrine is treated in the context of sales law and insurance law. On the tort law side, however, there is nothing – this is the first dedicated work on the subject in Sweden. There are many tort cases where the question of avoidable loss is actualized, but due to the way the courts articulate the grounds for their rulings, the cases provide little guidance for the future, and therefore have little value as precedent. This is not necessarily an obstacle to the study. On the contrary, when looking outwards, I have found a wealth of ideas and study material in other areas of civil law, in law and economics, and in foreign law. The structural and methodological framework of the thesis was designed to allow for extraction of material from foreign sources without needing to conduct a thorough (and often uninteresting) comparative study. The main purpose of the investigation was to define the boundaries of the claimant’s liability as imposed by the doctrine. Considering the limited scope of the thesis, it would not have been possible to deconstruct the subject into details and conduct thorough investigations of those. Instead, the work was focused on determining general guidelines, thought patterns and clues; both de lege lata and de lege ferenda. Multiple such guidelines could be defined in various contexts where the doctrine is applied, but also, interestingly, in certain contexts where it is not obvious that considerations of avoidable loss are decisive. Multiple systemic issues have also been found, both in the application of the doctrine and in the underlying norms. I have humbly put forward several suggestions on how these issues could be alleviated to promote legal certainty in the doctrine’s application, both today and in the future.
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Chen, Tzu-Hsuan, and 陳芷萱. "Imputed Contributory Negligence." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/63111618270707498023.

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碩士<br>國立臺灣大學<br>法律學研究所<br>103<br>The legal effect of contributory negligence in law of damages is provided by Article 217 of the Civil Code of the R.O.C. The paragraph 1 in this Article stipulates about the contributory negligence of the victim himself, and furthermore the paragraph 3 in the same Article regulates about when the victim should bear the third person’s contributory negligence. That is to say, although the victim himself is free from contributory negligence, in some situations it is likely to impute the third person’s negligence to him. According to the meaning of the paragraph, the third person must be “the person performing the obligation for the injured person” or ” the agent of the injured person”. In other words, if the third person fits the element of the paragraph, the victim should take responsible of the third person’s contributory negligence. However, the coverage of the “the person performing the obligation for the injured person” and “the agent of the injured person” are not without question at all. This thesis is going to start with the theory of the imputed contributory negligence, and try to find out the context of thinking on the issue of that the victim should or should not take responsible of the third person’s contributory negligence. Hope to clarify the concept of “the third person” on this issue. Moreover, it is generally recognized that the direct victim’s contributory negligence should be imputed to the indirect victim when the latter sues the tortfeasor. This thesis is also going to discuss this issue more deeply. At last, combine the type aforementioned, this thesis is of the opinion that we can all base on the paragraph 3 of the Article 217 as the legal basis on the issue of the imputed contributory negligence. Besides this thesis advises to delete the “the agent of the injured person” in the paragraph, and change the “the person performing the obligation for the injured person” into “ the care assistant of the injured person” in order to get matching with the meaning of “the third person” on the issue of imputed contributory negligence.
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Lin, Tzung-Ying, and 林宗穎. "A Study of Contributory Negligence." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/72201418049111726976.

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碩士<br>國立臺灣大學<br>法律學研究所<br>97<br>Contributory negligence as an element of tort law is provided in Article 217 of Civil Code. The Article states that if an injured person has negligently contributed in causing or aggravating the injury, the court may reduce the amount of compensation or release the compensation entirely. Reduction of damages can take place only if the conditions of contributory negligence are satisfied. Article 217 entails a contributory element from the victim in the sense that the damaged party neglects the duty of care for oneself; causation and tortious capacity as requirements of fault liability are also conditions of contributory negligence. However, the meanings and scope of these conditions are ill defined. As such, the difference between the conditions and consequence of contributory negligence has caused confusion in practice. The objectives of this study were thus to compare the German legal system and European principles as they relate to tort law and to propose possible solutions through analysis of theories and case studies. Contributory negligence requires the damaged party to take reasonable care of its own interest. The theoretical basis for this requirement is the burden of self-protection, namely, the duty of care concerning an individual’s own affairs. Article 217 states that contributory negligence should be considered not only when the damage is caused by positive self-endangering actions of the damaged party, but also when the damaged party neglects to take positive self-protecting measures to avert or minimize potential damages. Contributory negligence can also be established if the victim, while fully aware of the circumstances, undertakes an activity or participate in a situation involving an unusually high degree of danger. The principles of justice and fairness between tortfeasors and victims are important in defining the obligations of the damaged party. While considerations should be given to prevent tortfeasors from unnecessary heavy liabilities, fairness and reasonableness should also be ensured for the injured party. Generally, the standard of care can be established by considering the actions of a reasonably prudent person. However, in the case of contributory negligence, the legal practice tends to allow for subjective factors of the victim. Although the standard of care required of the damaged party is the same as that of the tortfeasor, exceptions may be made for certain populations. According to the provisions of Bürgerliches Gesetzbuch (BGB), contributory negligence can be disregarded if the victim is underage or handicapped in cases of traffic accidents. In a legal environment of strict liability, the interpretation of contributory negligence tends to be broad, and courts may expand the scope of contributory negligence to an extent such that compensations are excluded completely. Unreasonably strict definitions of a specific provision’s protective purpose, combined with the application of the controversial theory of superseding cause, make it increasingly difficult for plaintiffs to request compensations. The justification of contributory negligence under the legal system of No-Fault Compensation and Compulsory Liability Insurance is also problematic if the purpose of efficient compensation is not achieved. The reduction of compensation occurs upon the satisfaction of all the conditions of contributory negligence. The most likely consequence of contributory negligence is a distribution of damages between the tortfeasor and the victim in the form of quotas; however, how these damages may be distributed remains elusive in practice. This study proposes that the court should first conduct an appropriate apportionment procedure by balancing the casual contributions of the liable and the injured parties. Subsequently, an equitable adjustment procedure may be performed by considering the extent of blameworthiness and other factors, such as socioeconomic status. As a result, the consequences of contributory negligence may become more predictable.
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Ahmed, Raheel. "Contributory intend as a defence limiting or excluding delictual liability." Thesis, 2011. http://hdl.handle.net/10500/5704.

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“Contributory intent” refers to the situation where, besides the defendant being at fault and causing harm to the plaintiff, the plaintiff also intentionally causes harm to him- or herself. “Contributory intent” can have the effect of either excluding the defendant’s liability (on the ground that the plaintiff's voluntary assumption of risk or intent completely cancels the defendant's negligence and therefore liability), or limiting the defendant’s liability (where both parties intentionally cause the plaintiff's loss thereby resulting in the reduction of the defendant’s liability). Under our law the "contributory intent" of the plaintiff, can either serve as a complete defence in terms of common law or it can serve to limit the defendant's liability in terms of the Apportionment of Damages Act 34 of 1956. The “Apportionment of Loss Bill 2003” which has been prepared to replace the current Act provides for the applicability of “contributory intent” as a defence limiting liability, but it is yet to be promulgated.<br>Criminal and Procedural Law
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CHANG, HUA, and 常華. "The Sharing Approach of Damage for the Automobile Third Party Liability Insurance in Taiwan – Applying on Contributory Negligence." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/65949342014442890458.

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碩士<br>逢甲大學<br>風險管理與保險研究所<br>97<br>This study tries to find a better way ,based on article 217 of the Civil Code, improving the liability contribution method of torts for the both parties on a traffic accident. In the study, we use contributory negligence system for tort liability instead of pure comparative negligence. This study explore that the positive influence for courts, centers of traffic adjudication and insurance industry, thought the methodology of literature review and focus-group participants. Compared with Pure Comparative Negligence, Contributory Negligence is “all-or –nothing theory”, person who negligently cannot be held liable if that injured contributed to his own suffering and injury. Consider Contributory Negligence is very different from Comparative, this study refer to Negligence system from most states of USA, Japan and China, as the substitution plan before performing Contributory Negligence system.
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Ahmed, Raheel. "The explicit and implicit influence of reasonableness on the elements of delictual liability." Thesis, 2018. http://hdl.handle.net/10500/24462.

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Reasonableness as a concept used in determining delictual liability or liability in tort law, is either embraced or perceived by some as frustrating. It is a normative concept which is inextricably linked with the concepts of fairness, justice, equity, public policy and the values of the community. These concepts assist in providing value judgements in determining liability. It is apparent from this study that the influence of reasonableness is predominantly implicit on the French law of delict, but more explicit on the South African law of delict and Anglo-American tort law. Its influence varies with respect to each element of tort or delictual liability. In order to hold a person liable for a delict or tort, it is only reasonable that all the elements of a delict or tort are present. Common to all the jurisdictions studied in this thesis is the idea of striking a balance between the defendant’s interests promoted, the plaintiff’s interests adversely affected and the interests of society. Where liability is based on fault, the reasonableness of conduct is called into question. In respect of causation whichever test or theory is used, what must ultimately be determined is whether according to the facts of the case, it is reasonable to impute liability on the defendant for the factually caused consequences. Whether loss or harm is required, assumed or not required, the question of the appropriate remedy or compensation which is reasonable under the circumstances is called into question. In South African and Anglo-American law, the multiple uses of the standards of the reasonable person, reasonable foreseeability of harm, reasonable preventability of harm, whether it is reasonable to impose an element of liability, or whether it is reasonable to impute liability, often cause confusion and uncertainty. At times, the role of these criteria with regard to a specific element may be valid and amplified while, at other times, their role is diminished and controversial. However, there is nothing wrong with the concept of reasonableness itself; indeed, it is a necessary and useful concept in law. Rather, it is the way that it is interpreted and applied in determining liability that is problematic.<br>Private Law<br>LL. D.
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Books on the topic "Contributory negligence"

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Law Reform Commission of Nova Scotia. Final report - joint tortfeasors & the common law 'release bar rule'. The Commission, 2002.

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Lepa, Manfred. Schmerzensgeld Mitverschulden. Deutscher Anwaltverlag, 1990.

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Florida Bar. Continuing Legal Education., ed. Comparative fault and contribution in Florida. 7th ed. Florida Bar, Continuing Legal Education, 2004.

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Florida Bar. Continuing Legal Education. Comparative fault and contribution in Florida. 6th ed. Florida Bar, Continuing Legal Education, 2000.

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Weyts, Britt. De fout van het slachtoffer in het buitencontractueelaansprakelijkheidsrecht. Intersentia, 2003.

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Florida Bar. Continuing Legal Education., ed. Comparative negligence and contribution in Florida. 4th ed. Florida Bar, Continuing Legal Education, 1992.

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Marie, Poulin Émilie, Larose Louis, and Andrews & Andrews (Firm), eds. In the Queen's Bench, appeal side: W.M. Barrow [i.e. John William Barrow], appellant, and the mayor et al, and Emelie [i.e. Émilie] M. Poulin, et mar., respondents : [appellant's] case and appendix. s.n., 1985.

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Maryland. General Assembly. Dept. of Legislative Services. Office of Policy Analysis. Negligence systems: Contributory negligence, comparative fault, and joint and several liability. Dept. of Legislative Services, 2004.

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Wall, Sue. Contributory negligence: Employers' national insurance fraud. West Midlands Low Pay Unit, 1987.

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Commission, Ontario Law Reform. Report on contribution among wrongdoers and contributory negligence. Ministry of the Attorney General, 1988.

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Book chapters on the topic "Contributory negligence"

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White, Michelle J. "Contributory and Comparative Negligence: Empirical Comparisons." In The New Palgrave Dictionary of Economics and the Law. Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_88.

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"Preliminary Material." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_001.

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"Introduction." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_002.

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"Roman Law in Antiquity." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_003.

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"Medieval Ius Commune." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_004.

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"Early Modern Period." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_005.

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"Modern and Contemporary Law." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_006.

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"Summary and Concluding Remarks." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_007.

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"Bibliography." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_008.

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"Index of Names." In Contributory Negligence. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278721_009.

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Conference papers on the topic "Contributory negligence"

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"Contributory Negligence Involving Overseas European Banks in Property Valuation Negligence Cases In the UK." In 4th European Real Estate Society Conference: ERES Conference 1997. ERES, 1997. http://dx.doi.org/10.15396/eres1997_187.

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