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July 10, 2013

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David Cheifetz

Moin,

"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.


Cheers,

David


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