BLAW 200 Essay #1

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School

Windward Community College *

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200

Subject

Law

Date

Apr 3, 2024

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docx

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Uploaded by DrFire12815

BLAW 200 Understanding Contributory and Comparative Negligence Negligence is a fundamental concept in tort law, governing the liability for harm caused by one's failure to exercise reasonable care. Two primary legal doctrines used to determine negligence in civil lawsuits are contributory negligence and comparative negligence. While both concepts revolve around the idea of fault, they differ significantly in their application and implications for legal proceedings and the allocation of damages. In this essay I aim to elucidate the disparities between contributory and comparative negligence through analysis and examples. Contributory negligence is a legal doctrine that bars a plaintiff from recovering damages if they are found to have contributed, even minimally, to their own injury. This principle follows a strict all-or-nothing approach, where if the plaintiff is deemed even 1% responsible for the accident, they are entirely barred from recovering damages. Contributory negligence places a heavy burden on plaintiffs, often leading to harsh outcomes, particularly in cases where fault is shared. For instance, consider a scenario where a pedestrian crosses the street against a red light and is struck by a speeding car. Despite the driver's negligence in exceeding the speed limit, the pedestrian's actions in violating traffic laws may constitute contributory negligence, thereby absolving the driver of liability for damages. Comparative negligence is a more flexible and equitable doctrine that allows for the apportionment of damages based on each party's degree of fault. Under this principle, even if the plaintiff bears some responsibility for the accident, they can still recover damages proportionate to the defendant's degree of fault. Comparative negligence acknowledges that multiple parties

may contribute to an accident to varying extents and seeks to allocate damages accordingly. For example, suppose a motorcyclist collides with a car that made an illegal lane change. However, the motorcyclist was also speeding at the time of the accident. In a comparative negligence jurisdiction, the court may determine that the motorcyclist is 30% responsible for the collision, while the driver is 70% at fault. Consequently, the motorcyclist would be entitled to recover 70% of the damage suffered. The primary distinction between contributory and comparative negligence lies in their treatment of plaintiff fault and its impact on recovery. Contributory negligence adopts a strict and unforgiving approach, denying recovery entirely if the plaintiff shares any blame, regardless of the defendant's degree of fault. In contrast, comparative negligence allows for a more nuanced assessment of fault, enabling a fairer allocation of damages based on each party's contribution to the harm. Moreover, while contributory negligence is a minority rule in modern tort law, comparative negligence has gained widespread acceptance due to its fairness and practicality. By considering the comparative fault of all parties involved, comparative negligence promotes accountability while ensuring that plaintiffs are not unfairly deprived of compensation solely due to their contributory actions. Contributory and comparative negligence represent two distinct legal doctrines governing the allocation of fault and damages in negligence cases. While contributory negligence imposes a rigid standard that bars recovery if the plaintiff shares any fault, comparative negligence offers a more equitable framework by apportioning damages based on each party's degree of fault. Ultimately, the adoption of comparative negligence reflects a commitment to fairness and justice in tort law, allowing courts to make more nuanced determinations that consider the complexities of real-life situations.

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