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Compare and contrast Contributory negligence and Comparative Negligence?
Wiki User
∙ 14y ago
Under both contributory and comparative negligence, the negligence of the defendant is not in doubt; it has been proved by the plaintiff. The basic difference between the two concepts is that comparative negligence attempts to compensate the plaintiff for some portion of her injuries, no matter how small, where as contributory negligence serves to bar completely a damage award for injury.
Wiki User
∙ 14y ago
Contributory negligence is a legal defense that completely bars a plaintiff from recovering damages if they are found to have contributed to their own injury, even minimally. On the other hand, comparative negligence allows a plaintiff to still recover damages even if they are partially responsible for their injury, with the compensation reduced by their degree of fault. Thus, contributory negligence is more strict and less forgiving than comparative negligence.
Wiki User
∙ 15y agoBoth Contributory and Comparative negligence are theories which take into account the fact that a person injured by a tort by another person may also have been negligent and actually partially caused the injury. Individuals are charged with taking such actions that a reasonable person would take under ordinary circumstances to protect himself/herself from injury. Under the common law rule of contributory negligence, if the injured person failed to take such action, he/she would be barred from recovering damages for the injury even if the defendant had indeed been negligent. Contributory negligence, even if slight compared to the defendant's negligence could result in the plaintiff being denied damages. A driver who is not watching where he is going and hits a pedestrian who is standing still is negligent. The pedestrian should recover damages. But if that pedestrian steps into the middle of the road without even looking has contributed to the negligence that caused his own injuries. That pedestrian will not recover damages because he was contributorily negligent. Recognizing that this was sometimes unfair and harsh, especially when a defendant's negligence far exceeded the plaintiff's, the concept of Comparative negligence was created. Under comparative negligence, a plaintiff may recover damages against a defendant only if plaintiff's negligence was not greater than defendant's. If both parties were negligent, their negligence is compared and reduced to percentages of the whole amount of negligence that caused the injury. If a plaintiff is found to have been 25% negligent and the defendant 75% negligent, the jury totals up all the damages that could be awarded to plaintiff and reduces plaintiff's damages by 25%. If the jury finds that plaintiff was 51% negligent, plaintiff gets nothing at all. Contributory negligence was the rule at common law. Comparative negligence exists only if a particular state has enacted a statute adopting comparative negligence and abolishing contributory negligence.
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What difference between law of contract and law of tort?
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Who is a modern contrast to Zeus?
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