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Contributory negligence in contract and equity
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.
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Publication status
- Published
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- Published version
Journal
Otago Law ReviewISSN
0078-6918Publisher
Otago Law Review Trust Board IncIssue
2Volume
13Page range
307-332Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2015-09-15First Compliant Deposit (FCD) Date
2015-09-14Usage metrics
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