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CONTRIBUTORY NEGLIGENCE IN THE TWENTY-FIRST CENTURY
Título:
CONTRIBUTORY NEGLIGENCE IN THE TWENTY-FIRST CENTURY
Subtítulo:
Autor:
GOUDKAMP, J
Editorial:
OXFORD UNIVERSITY PRESS
Año de edición:
2019
ISBN:
978-0-19-881424-5
Páginas:
352
134,16 €

 

Sinopsis


The first wide-ranging empirical study of how the contributory negligence doctrine is applied by the courts both at first instance and on appeal
Analyses contributory negligence in different types of case: road accidents, accidents at work, and professional negligence
Contains the key raw data on which the analysis and conclusions are based
Clear cross-referencing between the cases incorporated in the analysis and the relevant data point in the appendix
Written by two leading academics working in the field of tort law




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.