« Darned if you do, Darned if you don't | Main | Roundup »

July 10, 2013


TrackBack URL for this entry:

Listed below are links to weblogs that reference Contributory Negligence Lives on:


David Cheifetz


"contributory negligence induces more care on all parties including the victim".

If you mean comparative fault, probably yes.

What the contributory negligence doctrine induces is all the (ahem) metaphysical distinctions in the causal relationship that were used to declare, or not declare, that factually causative conduct is or isn't legally causative, in order to control whether the plaintiff or the defendant was to win.

As to living fossils, look over the mountains to the west. A regime (even if it is legislative) where contributory fault may turn solidary (joint) liability into proportional (several) is a weak form of the old absolute defence. It just doesn't bite where all of the defendants have sufficient insurance or exigible assets.



The comments to this entry are closed.

2007 Canadian Law Blog Awards Winner

2008 Canadian Law Blog Awards Finalist

2009 Canadian Law Blog Awards Winner

2010 Canadian Law Blog Finalist

Powered by TypePad