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.

Contributory Negligence

Nolan, Donal

Goudkamp, James

Business

Oxford University Press

Despite the centrality of the contributory negligence doctrine in practice, very little is known about how it functions in reality. This volume provides legal practitioners with a 'one-stop-shop' where they can find a clear and succinct exposition of the legal principles governing contributory negligence alongside an empirically informed analysis of the way that the doctrine operates in various recurrent factual scenarios, based on cases decided between 1998 and 2017. For each of the given recurring acts of contributory negligence, the average discount, the range of discounts, and the distribution of discounts are reported. These statistics are supplemented by way of illustrations drawn from the case law. Short summaries of typical cases for the relevant act of contributory negligence are given, along with summaries of cases that fall towards the higher and lower ends of the range of discounts. "This concise book will assist courts and practitioners in understanding this area of the law, and in applying a consistent approach when assessing, in the most common types of case, the extent to which damages should be reduced for contributory negligence. It is greatly to be welcomed." - The Rt Hon Lord Reed (from the Foreword)

Contributory Negligence: Principles and Practice

Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.

Contributory Negligence in the Twenty-First Century

Rules & Procedures

The leading work on the law of torts, Winfield and Jolowicz on Tort provides the definitive guidance that students need in order to excel. It is trusted by practitioners to provide clear and accurate statements of the law. The leading textbook on the law of torts, it provides students with definitive guidance Centred firmly on English law but covers the significant developments in Commonwealth countries and, where appropriate, European systems of tort law Contains all of the latest case law and legislative developments

Winfield & Jolowicz on Tort

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This new paperback edition contains a substantial preface in which the author responds to critics. Reviews 'James Goudkamp's book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon … [His] analysis is consistently thought-provoking … [T]his book will provide the framework for future analysis of all private law defences'. Graham Virgo, The Cambridge Law Journal 'This book … is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship ... [It is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook of European Tort Law 'James Goudkamp's Tort Law Defences fills a startling gap in tort law scholarship… [It] provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured'. Erika Chamberlain, Canadian Business Law Journal

Tort Law Defences (Hart Studies in Private Law)

Hart Publishing

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

See the best price to sell, buy, or rent books by Goudkamp, James. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Goudkamp, James

See the best price to sell, buy, or rent books by Goudkamp, James. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Contributory Negligence

Contributory Negligence: Principles and Practice

Contributory Negligence in the Twenty-First Century

Winfield & Jolowicz on Tort

Tort Law Defences (Hart Studies in Private Law)

Tort Law Defences (Hart Studies in Private Law)