Dessa är ordets examples relaterade till contributory-negligence. Klicka på valfritt ord för att gå till dess ords detaljsida. Eller, gå till definitionen av contributory-negligence.
It has to be proved that actual injury has been sustained by the complainant before an action for damages can be commenced, and that the plaintiff was free from all contributory negligence.
It resembles the difference between contributory negligence and assumption of risk as defenses in torts. 32.
Finally, in a single sentence, the lawyers mentioned the principle of contributory negligence.
An employer could also perhaps defend himself on the ground of an employee's own contributory negligence.
Furthermore, it was clear that the contributory negligence of the owners of the stock could be raised as a defense.
The most troublesome aspect of negligence law to reconcile with the risk-liability theory is the defense of contributory negligence on the part of the plaintiff.
Where contributory negligence is permitted as a defense, any negligence on the part of the plaintiff, of whatever degree, is sufficient to prevent recovery.
A defender of the risk-liability theory, then, would welcome the moves to limit the defense of contributory negligence that have occurred in the last century.
Building failure claims reveal a substantial contributory negligence aspect for the client where they have stopped and changed programmes, cut budgets, insisted on certain materials, certain contractors and particular procedures.
However, that is not necessary for a finding of contributory negligence.
We are making operators absolutely liable, regardless of negligence, contributory negligence or anything else, and the issue here is the extent of that liability.
The whole law of contributory negligence was unfair.
They swept away the doctrine of common employment, and they swept away that curious law of contributory negligence, as it then was.
In other words, it can be a defence to say that there was contributory negligence of some kind.
For example, that discretion would be exercised where the behaviour of the successful party had been unreasonable or there had been contributory negligence.
The problem is that the degree of contributory negligence will vary from case to case.
