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Contributory negligence

Juvenile Law

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Full-Text Articles in Torts

Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel Jan 1963

Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel

Cleveland State Law Review

The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.


Contributory Negligence Of Children, James H. Keet Jr. Jan 1963

Contributory Negligence Of Children, James H. Keet Jr.

Cleveland State Law Review

We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …