The purpose of this essay is to argue that the time has now come for Virginia, by judicial or legislative action, to abolish its archaic common law tort defense of contributory negligence and replace it with a comparative negligence defense. Adopting a comparative negligence defense would more equitably and more fairly recognize and apportion damages according to the bedrock underlying tort legal principles of accountability, deterrence, and distribution of loss
The purpose of this article is not to re-plow the ground of history, case law, and statutory develop...
In an action based on negligence, the contributory negligence of the plaintiff is a complete defense...
Products liability and comparative negligence are two very rapidly developing fields of tort law. In...
In tort cases, comparative negligence now is the dominant method for determining damages. Under that...
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Th...
Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather tha...
The Article presents a comprehensive proposal for assigning liability in tort cases according to the...
The contributory negligence rule in tort law absolves an injurer from liability if the victim also w...
The Supreme Court of Florida has unanimously held that with the adoption of comparative negligence, ...
Part I of this article examines the contributory negligence doctrine and its history in the United S...
In this article, the authors examine whether contributory or some form of comparative negligence is ...
It is the purpose of this article to inquire, so far as possible, into the actual operation of the d...
The issue of how to handle a victim’s own contributory negligence that combines with the negligence ...
Part II of this thesis discusses the common law background of the assumption of risk and how it fits...
Plaintiffs are the masters of their own actions.\u27 They decide when, where, and whom to sue. Altho...
The purpose of this article is not to re-plow the ground of history, case law, and statutory develop...
In an action based on negligence, the contributory negligence of the plaintiff is a complete defense...
Products liability and comparative negligence are two very rapidly developing fields of tort law. In...
In tort cases, comparative negligence now is the dominant method for determining damages. Under that...
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Th...
Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather tha...
The Article presents a comprehensive proposal for assigning liability in tort cases according to the...
The contributory negligence rule in tort law absolves an injurer from liability if the victim also w...
The Supreme Court of Florida has unanimously held that with the adoption of comparative negligence, ...
Part I of this article examines the contributory negligence doctrine and its history in the United S...
In this article, the authors examine whether contributory or some form of comparative negligence is ...
It is the purpose of this article to inquire, so far as possible, into the actual operation of the d...
The issue of how to handle a victim’s own contributory negligence that combines with the negligence ...
Part II of this thesis discusses the common law background of the assumption of risk and how it fits...
Plaintiffs are the masters of their own actions.\u27 They decide when, where, and whom to sue. Altho...
The purpose of this article is not to re-plow the ground of history, case law, and statutory develop...
In an action based on negligence, the contributory negligence of the plaintiff is a complete defense...
Products liability and comparative negligence are two very rapidly developing fields of tort law. In...