University of Sussex
Browse

File(s) under permanent embargo

Contributory negligence in contract and equity

journal contribution
posted on 2023-06-08, 22:31 authored by Sirko HarderSirko Harder
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.

History

Publication status

  • Published

File Version

  • Published version

Journal

Otago Law Review

ISSN

0078-6918

Publisher

Otago Law Review Trust Board Inc

Issue

2

Volume

13

Page range

307-332

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2015-09-15

First Compliant Deposit (FCD) Date

2015-09-14

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC