Contributory negligence and negligence
- Discuss in detail contributory negligence and negligence.
- Explain in depth the concept of contributory negligence and negligence. Discuss their implications in legal cases and how they differ in determining liability and apportioning damages.
- Delve into the intricacies of contributory negligence and negligence, elucidating their significance within the realm of law.
- Provide a comprehensive discussion on contributory negligence and negligence, shedding light on their respective roles in legal proceedings
Introduction
Negligence is a tort in the eye of the law which occurs when someone fails to pay his required attention for doing something. Contributory negligence is not a tort. Contributory negligence is a special defence available to defendants under the law of tort. It is just a defence which is available to the defendant because contributory negligence expresses that the person who suffered damages was also responsible for those damages as much as the defendant For example, a pedestrian crossing a road negligently and hit by a driver who was driving negligently, in this situation both will be responsible because both of they were negligent
Definition of negligence
If someone fails to give enough care for doing something that he was responsible for, is called negligence
Types of negligence
Following are the two types of negligence
Advertent negligence
Advertent negligence is willful negligence. It is more serious negligence which shows a complete lack of interest of a person concerning the safety of others for example, hospital staff does not change a patient’s bandage for several days which may result in serious infection
Inadvertent negligence
Inadvertent negligence is not willful negligence. It is less serious than advertent negligence. For example, the drunkard is walking on the road and he breaks the window of the shop, in this case, it will be inadvertent negligence
Definition of contributory negligence
If a person gets injured due to his own contributed negligence, in this case injured person is not entitled to recover damages from the other party who supposedly caused the accident
Types of contributory negligence
Following are the types of contributory negligence. Details are as under
Pure contributory negligence
Pure contributory negligence is negligence where the injured party cannot recover any damage if it is even 1% at fault. If the court finds that both of the parties are caused by accidental injuries to one another in this case, no one can claim damages against one another
Modified contributory negligence
Modified contributory negligence is such negligence where the injured party can recover a small percentage of damages or no damages. Because it depends on the decision of the court of law
Defenses in negligence
Following are the defenses in negligence in which the wrongdoer will not be held responsible for the injuries to others
- That the injury was the result of the consent of the injured person
- That the injured person himself wrongdoer
- That the injury was unavoidable
- That the injury was the result of an act of God
- That the injury was the result of an act of state
- That the injury was the result of contributory negligence
- That the injury was the result of private defence
- That the injury was the result of a mistake
Situations of negligence
Following are the three situations of cases of negligence
- When a defendant is proven completely negligent
- When the plaintiff is proven completely negligent
- When both of plaintiff and defendant are proven negligent
Burden of proof
In contributory negligence, the burden of proof is always on the defendant. The defendant has to prove the negligence of the plaintiff
Difference between negligence and contributory negligence
Following are the differences between contributory negligence and negligence. Details are as under
As to nature
Contributory negligence is not a tort in nature. But it is a defence
Negligence is a tort in its nature
As to the burden of proof
In contributory negligence, the burden of proof is always on the injured person
In negligence, the burden of proof is always on the wrongdoer
As to scope
Negligence has a wider scope
Contributory negligence has less in scope because it also has been derived from negligence
As to the duty of care
In contributory negligence, the duty of care is imposed on both parties
In negligence, the duty of care is imposed on the wrongdoer
Essentials of a suit for negligence
The following are the essentials of a suit for negligence
Legal duty
Every person has a legal duty to act in a reasonable manner keeping in view the safety measures. If someone fails to perform his duty carefully he will be held responsible and legal action will be taken against him
For example, the doctor must treat their patients carefully if they fail to treat them carefully they will be held responsible
Breaches the duty
If someone breaches his duty and fails to act reasonably towards others. Legal action will be taken against him
For example, if a doctor prescribes the wrong medicine and a patient gets hospitalized, the doctor will be held responsible in this regard.
Failure to perform duty
If someone fails to perform his duty in a reasonable manner so in this condition legal action shall be taken against him
Damages
If someone fails to perform his duty reasonably and such failure becomes the reason of an injury in this situation the injured person is liable to take legal action against the wrongdoer and sue for compensation
Conclusion
Contributory negligence is a complete defense which is completely in favour of the wrongdoer because in this respect, both of the parties contributed to the accident and it is not a tort. In contributory negligence, the burden of proof is always on the wrongdoer who has to prove the injured person wrong or has to prove the contribution of the injured person in the accident. But negligence has two types, advertent negligence and inadvertent negligence, The first one is worse than the second type of negligence
In negligence, the burden of proof is always on the injured person who has to prove the wrongdoer responsible for the act
These are two different things under the law of tort