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Theory And Practice Of Contributory Negligence

Posted on:2003-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GuFull Text:PDF
GTID:2156360122965557Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Contributory negligence means on occurrence or expansion of damage, the liability for compensation of the injuring party should be diminished or remitted when the injured party has negligence. As a principle of damage compensation, it has been accepted broadly both in the field of theory and that of practice.Generally, contributory negligence is deemed to have three essential elements: infringing act from the injuring party, negligence from the injured party and the causality between the damage and the fault of injured party can be performed as action or inaction. The function of fault can be acceleration element or common causation in the damage. When the fault of injured party is considered as acceleration element, it should have causality with the fault of injuring party. When it is considered as common causation, it should be judged with the same criterion judging the causality between the fault of injuring party and the damage. The injured party shall not only burden his own fault, but also burden other's fault by some rules or special regulations. Because the principle of contributory negligence satisfies the requirements of taking full responsibility for one's own sake, and presents the pursuit for fairness and efficiency as well, it can be applied in every field of infringing liability.The main factor to be considered in the application of contributory negligence is the comparison between the degrees of fault of the parties involved. When the degrees of fault are in close proximity to each other, or comparing the degrees will be obviously unfair, comparativecausativeness can be used as adjusting element. In the field of liability without, negligence, causativeness of the parties' action should be compared when only the injured party has fault. Causativeness of the dangerous element and fault element should be compared when both parties have fault. After should compare the degrees of fault of both parties, and at last definite in which degree to diminish the compensation liability of the injuring party.
Keywords/Search Tags:The Negligence of Injured Party, Contributory Negligence, Comparative Fault, comparative Causativeness
PDF Full Text Request
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