Problems in Contributory Negligence

Empirical Comparisons of the Contributory versus Comparative Negligence Rules

The liability rule traditionally used in accident law when both the injurer’s and the victim’s behaviour affect the likelihood of an accident occurring is the rule of contributory negligence. Under it, the injurer is liable for the full amount of the victim’s damage only if the injurer’s behavior is negligent and the victim’s behavior is non-negligent. If both parties are negligent, only the vi...

EUROPEAN REAL ESTATE SOCIETY BERLIN - JUNE 25TH TO 27TH 1997 Contributory Negligence Involving Overseas European Banks in Property Valuation Negligence Cases In The UK

This paper examines the phenomenon of cross-border property lending and examines a number of issues regarding lending procedures and decision making processes in the context of the relationship between lender and professional advisor. It commences by placing these procedures and processes in the context of the development of cross border European property investment and finance. The UK has been...

Professional Negligence

Contributory torture.

Sir, Contributory torture occurs when the behavior of the offender influences the behavior of the interrogator or, in a broader sense, anyone disciplining the offender. The word contributory is used because if the offender acts up, he/she is part of the reason for the type of punishment he/she receives. For example, if two people are arrested and one follows the directions of the officer and th...

Intoxication, Recklessness and Negligence

According to what is here called the “Intoxication Recklessness Principle,” a defendant who, thanks to voluntary intoxication, is unaware of a condition of which a reasonable person would have been aware is to be treated as though he were reckless with respect to that condition, rather than negligent. And, according to what is here called the “Intoxication Negligence Principle,” a defendant who...