Essay Contributory Negligence And Wrongful Negligence

1275 Words Nov 16th, 2016 6 Pages
Contributory negligence is a common law tort where a plaintiff was completely barred from recovering damages if they (plaintiff) were negligent in any way for causing the accident. This would hold true even if the defendant’s negligence were greater and far more serious than the plaintiff’s (“Contributory Negligence,” n.d.).

Our week #5 video provided an excellent history of the courts change from contributory negligence to comparative fault. The issue with contributory negligence, as stated above, was if the plaintiff displayed any negligent conduct/action it allowed the defendants to escape any and all liability for their own negligent conduct. Contributory negligence undermined the two primary goals of tort law; which are deterring negligence by forcing those who caused injuries, negligently, to pay damages and compensate victims for losses as the result of negligence of others.

Comparative fault (CF) was established to assist plaintiffs in recovering damages as the result of the negligence of others, even when the plaintiff themselves acted negligently. Recall, in contributory negligence the plaintiff is banned from any recovery if the defendant can demonstrate the plaintiff in anyway caused/contributed to the accident. CF instead of banning recovery by the plaintiff permits the plaintiff to recover a portion of the damages they are entitled to receive.

There exist three basic systems of comparative fault:
∗ 1 - Pure – the liability of the defendant is reduced by…

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