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Journal articles on the topic 'Contributory negligence'

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

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1

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

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2

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

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3

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

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4

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

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5

haji, Awat Omer Qadir, and Zana Rafeeq Saeed. "Non-absolute Contributory Negligence in Car Accident." Journal of Legal and Political Studies 7, no. 2 (December 22, 2019): 384–429. http://dx.doi.org/10.17656/jlps.10163.

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6

SUDAREV, GLEB A. "THE RELATIONSHIP BETWEEN CONTRIBUTORY NEGLIGENCE AND RECOURSE BETWEEN MULTIPLE TORTFEASORS." Ser-11_2023-3 64, no. 3, 2023 (September 18, 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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7

Hopkins, C. A. "CAUSATION AND CONTRIBUTORY NEGLIGENCE." Cambridge Law Journal 64, no. 3 (November 2005): 546–48. http://dx.doi.org/10.1017/s0008197305296952.

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8

Goudkamp, James, and Donal Nolan. "Contributory negligence in the Court of Appeal: an empirical study." Legal Studies 37, no. 3 (September 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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9

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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10

Jerrold, Laurance. "Informed consent and contributory negligence." American Journal of Orthodontics and Dentofacial Orthopedics 119, no. 1 (January 2001): 85–87. http://dx.doi.org/10.1067/mod.2001.113056.

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11

McLean, Hazel. "Distinguishing Contributory Negligence from Contribution." Cambridge Law Journal 48, no. 1 (March 1989): 14–17. http://dx.doi.org/10.1017/s0008197300108207.

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12

Rasheed, Arif. "Medical Negligence orMalpractice: Critical Review of Relevant Laws in Pakistan." Esculapio 19, no. 3 (November 8, 2023): 264–68. http://dx.doi.org/10.51273/esc23.25131930.

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Introduction The terms 'medical negligence or medical malpractice' are often used synonymously, however, in stricto senso 'medical negligence' include “criminal negligence” while 'medical malpractice' encompasses civil negligence including two other types, i.e., contributory and third party negligence. The word negligence is a noun meaning “not to give proper care or carelessness”. Therefore, the medical negligence means medical treatment without proper care or is an act or omission by a medical practitioner therein he has deviated from accepted standards of practice in the medical fraternity and caused damage/injury or death to the patient. In case of damage/injury, it falls within the ambit of civil negligence and in case of death of patient; it falls within the purview of criminal negligence. Medical Negligence comes under the category of tort law. The scope of medical negligence is not limited to conduct of the medical practitioner alone. It extends to his staff working under his supervision (3rd party negligence) and in a hospital setting to the whole unit (captain of ship theory/master is responsible /vicarious liability) and in some cases role of patient also contribute in it (contributory negligence).
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13

Macfarlane, Lesley-Anne Barnes. ""Adapt or Perish": The uncertain fate of childhood contributory negligence in Scotland." De Jure 56, no. 1 (February 7, 2023): 588–605. http://dx.doi.org/10.17159/2225-7160/2023/v56a35.

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The field of Delict (Tort) is a noteworthy exception to widespread, evolving child rights-based norms across Scottish Law, for there has been little change in the treatment of children in Delict in Scotland in over a century. This article argues that childhood contributory negligence, in its current form, cannot survive imminent, and full, statutory incorporation of the CRC in Scotland. The framework and operation of the law governing childhood contributory negligence is critically reviewed, drawing on Scottish, and relevant UK-wide, case law. Widespread inconsistencies in judicial reasoning about children in contributory negligence determinations are highlighted. Thereafter, consideration is given to what CRC compliance might involve in the field of Delict. Two core rights, article 3 (best interests) and article 6 (child's right to life, survival and development), are then discussed with reference to new Scottish Criminal Sentencing guideline requiring courts to consider the evolving capacity of young people up until the age of 25 years. The article concludes with a call for conceptual and practical reform so that the largely punitive regime of childhood contributory negligence in Scotland must now - in the words of H.G. Wells - either "adapt or perish".
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14

Neil, Ben. "Last Clear Chance: A Defense To A Defense." Journal of Business Case Studies (JBCS) 13, no. 2 (March 31, 2017): 59–62. http://dx.doi.org/10.19030/jbcs.v13i2.9929.

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This case problem will provide the student with the familiarity that they will need for the concepts of contributory negligence and last clear chance. It should also be noted that the concept of last clear chance is on the wane as a legal maxim. It is applicable in states that still use the legal defense of contributory negligence. Whereas in other states, which constitute the majority, the courts apply the concept of comparative negligence, which apportions the monetary damages given by the fact finder. There may be other considerations depending upon the country of the legal action, as this case study is based solely on United States laws.
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15

Hopkins, C. A. "Contributory Negligence and Strict Contractual Duties." Cambridge Law Journal 54, no. 1 (March 1995): 20–23. http://dx.doi.org/10.1017/s0008197300083057.

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16

Beresford, Neil. "NO NEW SCOPE FOR CONTRIBUTORY NEGLIGENCE." Cambridge Law Journal 61, no. 1 (March 7, 2002): 1–52. http://dx.doi.org/10.1017/s0008197302261504.

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CONTRIBUTORY negligence has never been a defence to an action in deceit. Of the dozen or so authorities to this effect, the dictum most often cited is that of Sir George Jessel M.R. in Redgrave v. Hurd (1881) 20 Ch.D 1 at 13–14:
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17

Thomas, Ewart A. C. "On calculating optimal contributory negligence rules." Social Choice and Welfare 2, no. 1 (May 1985): 65–85. http://dx.doi.org/10.1007/bf00433768.

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18

Oakley, A. J. "Contributory Negligence of A Fraudulent Representee." Cambridge Law Journal 53, no. 2 (July 1994): 218–20. http://dx.doi.org/10.1017/s0008197300098883.

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19

Vasilyeva, Ye Ye. "Negligence as a condition of civil liability of health care institutions." Bulletin of Siberian Medicine 3, no. 3 (September 30, 2004): 65–71. http://dx.doi.org/10.20538/1682-0363-2004-3-65-71.

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In this article a significance of a negligence of health care institutions when bringing them to civil liability has been investigated. A common rule of assignment of responsibility only when guilty has been examined as well as an exclusion of responsibility in case of increased (guiltless) liability. Examples have been given and a legal treatment of situations when a mutual contributory negligence took place (executor’s negligence as well as recipient’s (patient’s) negligence) has been presented. The significance of presumption of innocence in civil law has been revealed.
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20

Gwilliam, D. R. "The Auditor, Third Parties and Contributory Negligence." Accounting and Business Research 18, no. 69 (December 1987): 25–35. http://dx.doi.org/10.1080/00014788.1987.9729344.

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21

FitzPatrick, Timothy Michael. "Contributory Negligence and Contract—A Critical Reassessment." Common Law World Review 30, no. 3 (July 2001): 255–71. http://dx.doi.org/10.1177/147377950103000301.

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22

Wickins, R. J., and C. A. Ong. "Conversion of Negotiable Instruments and Contributory Negligence." Asia Pacific Law Review 4, no. 1 (June 1995): 12–30. http://dx.doi.org/10.1080/18758444.1995.11788019.

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23

Andrews, N. H. "No Apportionment for Contributory Negligence in Contract." Cambridge Law Journal 45, no. 1 (March 1986): 8–10. http://dx.doi.org/10.1017/s0008197300115661.

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24

Cirillo, Giovanni. "Caduta del passeggero e responsabilità del vettore aereo: sulle nozioni di "accident" e "contributory negligence"." RIVISTA ITALIANA DI DIRITTO DEL TURISMO, no. 40 (February 2024): 45–55. http://dx.doi.org/10.3280/dt2023-040002.

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Il contributo costituisce un commento a una sentenza della Corte di Giusti-zia dell'Unione europea circa le nozioni di "accident" e "contributory negligence" (artt. 17, par. 1, e 20 della Convenzione di Montreal 1999), nell'ambito della responsabilità del vettore aereo per lesioni subite dai passeggeri. Attraverso l'analisi delle tematiche affrontate, il lavoro mira a porre in evidenza i profili di principale novità e interesse della pronuncia, orientata nel senso di un'elevata tutela del trasportato.
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25

Tettenborn, Andrew. "Damages in Conversion—the Exception or the Anomaly?" Cambridge Law Journal 52, no. 1 (March 1993): 128–47. http://dx.doi.org/10.1017/s0008197300017268.

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Conversion a peculiartort,1 boasts an equally idiosyncratic measure of damages. Other torts—and this includes torts involving interference with property, such as trespass or negligence—are about compensation: at least in principle, the plaintiff recovers, and recovers only, his loss 2 and even this he only gets subject to the principles of mitigation of damage and (normally) contributory negligence. Conversion, by contrast, seems to break all these rules. The claimant generally recovers not his loss 3 but the worth of the thing converted, 4 losing in the process, by virtue of a rather clumsy balancing rule, any inter rest he may have had in it. 5 Contributory negligence is disregarded, even in the case of claims for special damage (indeed, this is confirmed by stature 6); there is no general requirement of mitigation of loss; and even the normal rules of causation are substantially modified, 7 in that—at least in some cases—there is apparently no requirement that the plaintiff show a causal connection between the defendant's act of conversion and any loss suffered by him.
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26

Field, Iain D. "Contributory Negligence and the Rule of Avoidable Losses." Oxford Journal of Legal Studies 38, no. 3 (2018): 475–99. http://dx.doi.org/10.1093/ojls/gqy007.

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27

Crosby, Neil, Anthony Lavers, and John Murdoch. "Contributory negligence involving overseas European banks in property valuation negligence cases in the UK." Journal of Property Valuation and Investment 16, no. 3 (August 1998): 273–96. http://dx.doi.org/10.1108/14635789810221751.

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28

Kidner, Richard. "The variable standard of care, contributory negligence and volenti." Legal Studies 11, no. 1 (March 1991): 1–23. http://dx.doi.org/10.1111/j.1748-121x.1991.tb00620.x.

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One of the problems which arises in the tort of negligence is where the plaintiff is aware of certain characteristics of the defendant which indicate that the defendant is incapable of achieving the usual standard of care, and yet the plaintiff enters into or continues a relationship with that person. Entering a car driven by a drunk driver is a simple example. There seems to be a common feeling that such a plaintiff is ‘less deserving’ and that it is a necessary consequence of the fault system that he should bear at least part of the responsibility for his loss. Recent developments, particularly in Australia, have suggested different approaches to this problem which raise issues about the nature and role of the standard of care, as well as about the relationship between the standard of care and various defences to negligence.
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29

du Plessis, Paul J. "Van Dongen, EGD: Contributory negligence - A historical and comparative study." Fundamina 22, no. 1 (2016): 156–57. http://dx.doi.org/10.17159/2411-7870/2016/v22n1a8.

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30

De Mot, Jef. "Comparative versus contributory negligence: A comparison of the litigation expenditures." International Review of Law and Economics 33 (March 2013): 54–61. http://dx.doi.org/10.1016/j.irle.2012.10.001.

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31

Kabay, M. E. "Distributed denial-of-service attacks, contributory negligence and downstream liability." Ubiquity 2000, February (February 2000): 3. http://dx.doi.org/10.1145/334396.334420.

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Kabay, M. E. "Distributed denial-of-service attacks, contributory negligence and downstream liability." Ubiquity 2000, February (February 2000): 3. http://dx.doi.org/10.1145/334407.334420.

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33

Wald, D. S., J. P. Bestwick, and P. Kelly. "The effect of the Montgomery judgment on settled claims against the National Health Service due to failure to inform before giving consent to treatment." QJM: An International Journal of Medicine 113, no. 10 (March 19, 2020): 721–25. http://dx.doi.org/10.1093/qjmed/hcaa082.

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Abstract Background A landmark legal judgment in March 2015 (Montgomery) changed the test for determining negligence due to failing to inform patients before consent, by moving away from asking what a reasonable doctor should disclose and asking instead what a reasonable patient would expect to know. Aim We sought to determine the effect Montgomery has had on settled claims due to failure to inform compared with claims for other reasons and whether legal firms are adding contributory claims of failure to inform to other principal allegations of negligence. Methods A Freedom of Information request to NHS Resolution provided data on the number of settled claims against the NHS (2005–19) for any cause and where failure to inform before consent was the principal or contributory cause. Time-series regression was used to compare trends before and after 31 March 2015. Results The trend in claims/year increased 4-fold for failure to inform (an increase of 9.8/year before 2015 vs. 39.5/year after 2015, P < 0.01), 2.7-fold when failure to inform was the principal cause (7.9/year vs. 21.2/year, P = 0.02) and 9.9-fold as a contributory cause (1.9/year vs. 18.3/year, P < 0.01). There was no material difference in claims due to other causes (334/year vs. 318/year, P = 0.84). Conclusions Montgomery has led to a substantial increase in settled claims of failure to inform before consent, with no coincident change in claims for other causes. The increase in contributory compared with principal causes suggests that lawyers are using the judgment to increase the chances of a successful claim against the NHS.
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34

Adams, Maurice. "Volunti non fit injuria or contributory negligence? A comparative review of three football-cases." European Review of Private Law 2, Issue 2 (June 1, 1994): 329–34. http://dx.doi.org/10.54648/erpl1994036.

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Abstract. In this case-review we look at three recent decisions in England, the Netherlands and Belgium respectively, concerning the tortious standard of care of football-players amongst each other. The fact-situations as well as a central doctrinal question were similar. In all three cases the question as to what the role of the defence Volenti Non Fit Injuria is, was at stake. It is submitted that there is no role for this concept. Applying Volenti is not logical. Either there is a standard of care or there is none. Also the plaintiff will be barred of any cause of action when Volenti is applied. Moreover, it is difficult in practice to distinguish between volenti and contributory neglicence, as well as between volenti and the standard of care. Employing volenti will have a confusing effect. Therefore, applying contributory negligence will be the best solution. Résumé. Dans cette étude de cas particuliers, nous avons traité trois dCcisions recentes, respectivement en Angleterre, aux Pays-bas et en Belgique, concernant le devoir de dilligence entre des joueurs de football. Les situatios de fait, tout comme une question doctrinaire centrale étaient similaires. Dans les trois cas, la question centrale concernait le rôle de l’action en défense de Volenti Non Fit Injuria. I, a été déclaré qu’il n’y a pas de rôle pour ce concept. L’application de la notion de Volenti est en effet illogique. Ou bien il existe un devoir de diligence, ou bien il n’en existe pas. Aussi la construction de Volenti implique-t-elle que le demandant sera privé de moyen de droit. En outre, il se révèle très difficile en pratique de faire la distinction entre Volenti et négligence contributoire d’une part, et entre Volenti et le devoir de diligence d’autre part. L’emploi de la construction de Volenti entraîne une confusion. Pour ces raisons, l’emploi du concept de négligence contributoire est à préférer. Zusamrnenfassung. In diesem Überblick über einzelne Fälle haben wir drei Entscheidungen in England, den Niederlanden und in Belgien beziehungsweise, hinsichtlich der gegenseitigen Sorgfaltspflicht von Fussballspielern betrachtet. Die Sachlage sowie eine zentrale Frage der Lehrmeinung waren ähnlich. In allen drie Fällen ging es um die Frage, welche Rolle das Konzept Volenti Non Fit Injuria in solchen Fallen zukommt. Es wird behauptet, dass dieses Konzept keine Rolle spielt. Die Anwendung von Volenti ist unlogisch. Entweder besteht eine Sorgfaltspflicht oder nicht. Auch werden der Klagepartei rechtliche Schritte untersagt wenn wir Volenti anwenden. Ausserdem ist es in der Praxis schwierig, zwischen Volenti und Mitver-schulden sowie zwischen Volenti und Sorgfaltspflicht zu unterscheiden. Der Gebrauch von Volenti würde Unklarheit zur Folge haben. Am besten wenden wir darum Mitverschulden an.
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35

Goudkamp, James. "Apportionment of damages for contributory negligence: a fixed or discretionary approach?" Legal Studies 35, no. 4 (December 2015): 621–47. http://dx.doi.org/10.1111/lest.12083.

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In most of the common-law world, legislation provides for damages to be apportioned where the claimant is guilty of contributory negligence. This legislation gives judges considerable latitude to determine the extent to which damages should be diminished for contributory negligence. It imposes what will be called a system of ‘discretionary apportionment’. This paper draws attention to the fact that, although most common-law jurisdictions are, by virtue of their apportionment legislation, in the thrall of the paradigm of discretionary apportionment, there are many, varied departures from this paradigm. This paper classifies these departures (which will be called ‘fixed apportionment rules’), emphasises that they conflict with the apportionment legislation and considers how the conflicts ought to be resolved. An important conclusion reached is that it can plausibly be argued that the landmark decision in Froom v Butcher, at least as it has been understood in subsequent cases, was decided per incuriam. Froom sits uncomfortably with the apportionment legislation. Attention is then turned to the arguments for and against a discretionary system of apportionment as opposed to a system that incorporates more fixed apportionment rules. It is contended that much stands to be gained from introducing more fixed apportionment rules.
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Venter, Karan. "A Moment's Inadvertence Should Not Bring Down the Heavens: Rethinking Proportionality in Negligence Law in New Zealand." Victoria University of Wellington Law Review 51, no. 1 (June 22, 2020): 127. http://dx.doi.org/10.26686/vuwlr.v51i1.6521.

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True proportionality between the degree of a tortfeasor's fault and the extent of a plaintiff's loss is unachievable in negligence law in New Zealand. As Mallon J's judgment in Strathboss Kiwifruit Ltd v Attorney-General highlighted, the concept of proportionality can only be used to negate an alleged tortfeasor's duty of care, thereby eliminating the potential for liability. This approach does not accommodate differing levels of disproportionality. Moreover, relying on negligence law's liability limiting mechanisms to achieve proportionality, as Mallon J did in Strathboss, will not always be fruitful; there may still be a large gap between what a defendant has done and what the defendant is held accountable for. The extent of a tortfeasor's liability may depend on luck rather than principle. However, internationally, the wrongful conception and birth cases reveal a more nuanced use of proportionality: reducing the scope of a tortfeasor's duty of care. While this may be seen as inconsistent with negligence law's compensatory objective, I argue that a tortfeasor's interest in being free from undue burdens should constrain this objective, where necessary. This article develops on the reasoning in the wrongful conception and birth cases and borrows from the language of the Contributory Negligence Act 1947 to create a general mechanism for limiting a tortfeasor's liability in the interests of proportionality. The proposed mechanism aims to ensure that the law of negligence delivers more just results.
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37

Freeman, Michael D. "Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation." International Journal of Environmental Research and Public Health 18, no. 18 (September 8, 2021): 9455. http://dx.doi.org/10.3390/ijerph18189455.

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Traffic crashes are a common cause of injury and death, and often result from the negligent actions of an inattentive, speeding, or impaired driver. In such cases, a civil legal action may be brought by an injured claimant for compensation for injuries resulting from a crash. Crash-related litigation is defended on various theories, one of which is to raise the issue of contributory negligence when the claimant was not using an available seat belt at the time of the crash, based on the assertion that the claimed injuries would have been avoided or minimized to some degree if the claimant had been restrained. At present, there are no published standards or systematic approach for assessing and quantifying the contribution of seat belt non-use to the cause of a claimant’s specific injury. A reliable medicolegal analysis that addresses whether contributory negligence can be proven in a specific case requires a multidisciplinary approach: First, the nature and severity of the crash must be reconstructed as it affected the vehicle kinetics (engineering) and in turn affected the kinematics of the occupant (biomechanics), next, the injuries must be described and scaled for severity (medicine/pathology), and finally, the risk of the known injuries given the actual circumstances of the crash and occupant (i.e., unbelted) are compared to the risk of the same injuries, and the same crash circumstances, but in the hypothetical scenario in which the claimant is belted. In the present discussion, methods for analyzing the presence and quantifying the degree of contributory negligence for seat belt non-use, suitable for presentation in a medicolegal setting, are described and illustrated with an example from the author’s personal case inventory. A detailed reconstruction of the crash is described, along with the associated occupant kinematics, and the resulting observed injuries. The injuries are then categorized by their anatomical location, type, and severity using Abbreviated Injury Scale designations. Quantification of the injury risk for the actual (unbelted) vs. hypothetical (belted) scenario is based on case-specific analysis of data accessed from a US national crash injury database The difference in risk for the two exposure scenarios can be quantified in terms of either relative risk (a risk ratio) or attributable risk (a risk proportion), with the goal to determine whether the analysis meets the threshold of a relative risk of >2.0, or an attributable risk of 50%, in order to meet the “more probable than not” standard typically required by courts. As a final step in a reliable analysis that exceeds the legal threshold for relevant evidence, the absolute increase in risk is used to quantify the degree to which the claimant’s seat belt non-use contributed to the likelihood of their injuries.
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38

Friehe, Tim, Christoph Rößler, and Xiaoge Dong. "Liability for Third-Party Harm When Harm-Inflicting Consumers Are Present Biased." American Law and Economics Review 22, no. 1 (2020): 75–104. http://dx.doi.org/10.1093/aler/ahz013.

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Abstract This article analyzes the workings of liability when harm-inflicting consumers are present biased and both product safety and consumer care influence expected harm. We show that present bias introduces a rationale for shifting some losses onto the manufacturer, in stark contrast with the baseline scenario in which strict consumer liability induces socially optimal product safety and precaution levels. In addition, we establish that strict liability with contributory negligence may induce socially optimal product safety and precaution choices.
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39

Dongen, Emanuel G. D. van, and Henriëtte P. Verdam. "The Development of the Concept of Contributory Negligence in English Common Law." Utrecht Law Review 12, no. 1 (January 29, 2016): 61. http://dx.doi.org/10.18352/ulr.326.

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40

Cursi, Maria Floriana. "Emanuel G. D. van Dongen, Contributory Negligence: A Historical and Comparative Study." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 135, no. 1 (August 1, 2018): 818–30. http://dx.doi.org/10.26498/zrgra-2018-1350141.

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41

Mcdowell, Zanifa. "Children and Contributory Negligence in the Law of Tort (Vanterpool v Wigley)." Oxford University Commonwealth Law Journal 1, no. 2 (January 2001): 279–85. http://dx.doi.org/10.1080/14729342.2001.11421397.

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42

Maharajh, Hari D. "Assisted suicide or culpable suicide: is there a difference?" Psychiatric Bulletin 17, no. 6 (June 1993): 348–49. http://dx.doi.org/10.1192/pb.17.6.348.

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In 1991, Derek Humphry published Final Exit – The Practicalities of Self-Deliverance and Assisted Suicide for the Dying. The book was written for mature adults who were suffering from terminal illnesses and required guidance in committing suicide, but it has encouraged suggestive and susceptible people to attempt suicide (Lavin et al, 1992). There appears to be a thin line between assisted suicide and culpable suicide. ‘Culpable suicide’ is used here to describe contributory negligence attributed to persons who unknowingly assist another person's suicide.
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Rajapakse, Pelma Jacinth. "Contamination of Food and Drinks: Product Liability in Australia." Deakin Law Review 21, no. 1 (February 23, 2018): 45. http://dx.doi.org/10.21153/dlr2016vol21no1art718.

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This article examines the Australian law determining liability of manufacturers and retailers for injury or death allegedly caused by food and drink products which were spoiled, contaminated, or otherwise in a deleterious condition. Product liability and the issue of negligence associated with consumption of foods or drinks deemed as contaminated form the key points of discussion in this article. The liability of manufacturers, processors, wholesalers and retailers are explored with reference to elements of negligence, breach of express or implied warranty, misrepresentation, and strict liability in tort. Australian case law as it pertains to duty of care, breach, causation, and damage has been established and there are consumer protection and product safety laws at both state and federal levels that provide for those affected by contamination/harmful condition of food and drink products. This article explores examples of negligence as the basis of manufacturer’s, processor’s and retailer’s liability in tort (common law and Civil Liability Act 2003 (Qld)) as well as liability under the federal and state legislation such as the Competition and Consumer Act 2010 (Cth), the Food Act 2006 (Qld) and the Australia New Zealand Food Standards Code). The various defences of contributory negligence of consumers, and obvious risk of injury suffered, as well as those established by manufacturers/retailers in the relevant proceedings are used to show the complexity of this issue. The article concludes with recommendations for consumers and businesses to avoid the risk of food contamination and to maintain food safety.
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Hoenderkamp, Erik. "The Danube: Damned or Dammed? The Dispute Between Hungary and Slovakia Concerning the Gabčíkovo-Nagymaros Project." Leiden Journal of International Law 8, no. 2 (1995): 287–309. http://dx.doi.org/10.1017/s0922156500003332.

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AbstractThis article deals with the legal aspects of the dispute between Hungary and Slovakia concerning a joint project of locks and power-stations, which had to be constructed in the Danube at Gabc ikovo and Nagymaros. Rules of treaty-law, environ-mental protection, good faith, reprisal and contributory negligence will be applied to assess whether Hungary was entitled to terminate the treaty and whether Slovakia could lawfully construct a provisional solution. Furthermore the significance of the case and its submission to the International Court of Justice is addressed.
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Jackson, Jeff, Simon Priest, and Stephen Ritchie. "Outdoor Education Fatalities in Canada: A Comparative Case Study." Canadian Journal of Educational Administration and Policy, no. 202 (May 26, 2023): 141–54. http://dx.doi.org/10.7202/1099988ar.

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The recent criminal negligence case against an Ontario teacher in the death of a student identified pertinent outdoor education administration and policy issues. This comparative case study examined this case and two additional high profile Canadian outdoor education fatalities, identifying common factors and issues. Using Accimaps to illustrate the multiple contributing factors for each event, the case studies all exhibited contributory administrative factors of undefined risk tolerance, risk creep, lack of oversight, and issues regarding parental consent. Conclusions were drawn as preventative lessons that can inform school or board-level outdoor education policy and practice.
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46

Goudkamp, James. "Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency." Edinburgh Law Review 19, no. 3 (September 2015): 367–73. http://dx.doi.org/10.3366/elr.2015.0296.

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Russell, Eleanor J. "Proof, Evidence and Contributory Negligence in Road Accidents: Cameron v Swan." Edinburgh Law Review 26, no. 1 (January 2022): 129–34. http://dx.doi.org/10.3366/elr.2022.0747.

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White, Michelle J. "An Empirical Test of the Comparative and Contributory Negligence Rules in Accident Law." RAND Journal of Economics 20, no. 3 (1989): 308. http://dx.doi.org/10.2307/2555573.

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Dugdale, Tony. "Contributory Negligence Applied to Economic Loss: Platform Home Loans and Fancy and Jackson." Modern Law Review 62, no. 2 (March 1999): 281–89. http://dx.doi.org/10.1111/1468-2230.00206.

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Buckner, Fillmore. "Rebirth of Assumption of the Risk and Contributory Negligence in Medical Malpractice Actions." International Journal of Cosmetic Surgery and Aesthetic Dermatology 5, no. 1 (March 2003): 93–97. http://dx.doi.org/10.1089/153082003767787240.

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