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Contributory Negligence in the Twenty-First Century (Hardcover)
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Contributory Negligence in the Twenty-First Century (Hardcover)
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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.
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