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Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Campbell Law Review
Part I of this article examines the contributory negligence doctrine and its history in the United States and North Carolina. Part II describes some of the criticism levelled at the contributory negligence doctrine. Part III examines the comparative negligence doctrine, including a-description of the types of comparative negligence systems, a history of the doctrine, and a look at the history of comparative negligence bills in the North Carolina General Assembly, concentrating on the several comparative negligence bills introduced in the 1980s and one of the principal arguments made against the bills. Part IV discusses North Carolina's stare decisis jurisprudence and …
The Evolution And Status Of The Contributory Negligence Defense To Medical Malpractice Actions In North Carolina - Mcgill V. French, Lucinda L. Fraley
The Evolution And Status Of The Contributory Negligence Defense To Medical Malpractice Actions In North Carolina - Mcgill V. French, Lucinda L. Fraley
Campbell Law Review
This Note will examine the defense of contributory negligence, the prerequisites for asserting the defense, and the underlying policy reasons which may explain the rampant growth of the defense and its alleged recent decline. Next, this Note will evaluate the circumstances which have given rise to contributory negligence as well as those circumstances that do not rise to the level of contributory negligence. Finally, this Note will analyze the North Carolina Supreme Court's decision to permit the defense when the patient fails to follow the physician's advice and instructions.