Contributory negligence in contract and equity

Harder, Sirko (2014) Contributory negligence in contract and equity. Otago Law Review, 13 (2). pp. 307-332. ISSN 0078-6918

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Abstract

Liability in negligence and some other torts may be apportioned where the victim contributed to the occurrence of the wrong or to the resulting loss through a failure to take reasonable care of her affairs prior to the wrong. At least in Australia and in England and Wales, an apportionment of liability by virtue of such contributory negligence is unavailable in cases of strict contractual liability and in cases of breach of fiduciary duty. The key argument in defence of that position is the suggestion that the availability of apportionment in those cases would undermine the strictness of the wrongdoer’s obligations. This article explores the possible interpretations of that argument and the merits of each interpretation.

Item Type: Article
Keywords: contributory negligence, apportionment, breach of contract, equitable wrongs
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
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Depositing User: Sirko Harder
Date Deposited: 15 Sep 2015 11:25
Last Modified: 07 Mar 2017 09:03
URI: http://sro.sussex.ac.uk/id/eprint/56763

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