Contributory Negligence

The doctrine of contributory negligence, which is a cornerstone of private law, is very frequently invoked in practice and also raises a host of pressing theoretical issues. This volume provides legal practitioners and scholars with a clear and comprehensive exposition of the legal principles governing contributory negligence alongside an empirically informed analysis of the way in which the doctrine operates in various recurrent factual scenarios. The doctrinal analysis is supplemented by a consideration of the historical antecedents of the relevant principles and their normative underpinnings. Central to the book are six chapters in which the authors provide an introductory overview of the doctrine; and then proceed to consider its scope; when a finding of contributory negligence will be made; the consequences of such a finding; the relationship between the doctrine and other rules; and matters relating to procedure and appeals. A detailed appendix sets out the discounts imposed for contributory negligence in a range of frequently occurring situations. Although the focus is on the position in the United Kingdom, account is also taken of the case law and literature in several other common law jurisdictions.

1 - Introduction
2 - The Scope of the Doctrine
3 - The Existence of Contributory Negligence
4 - Apportionment of Responsibility
5 - Related Doctrines
6 - Procedure and Appeals

James Goudkamp is Professor of the Law of Obligations at the University of Oxford and a Fellow and Tutor in Law at Keble College, Oxford. He is the author or editor of nearly 150 publications. His work is focused on tort law but extends to other parts of the law of obligations. Much of his writing is concerned with defences to liability although he has also written about a wide range of other topics. Donal Nolan is Professor of Private Law in the University of Oxford, and Francis Reynolds and Clarendon Fellow and Tutor in Law at Worcester College, Oxford. Donal's research is focused primarily on the law of tort, and he has a particular interest in the law of negligence, the law of private nuisance and the interface between tort law and public law.