Apportionment of Damages for Breach of Contract
Kah Leng Ter
National University of Singapore (NUS) - Department of Business Policy
Singapore Academy of Law Journal, Vol. 3, p. 118, 1991
The effect of the plaintiff's blameworthiness on the extent of damages recoverable in a contractual action has been a controversial point since 1945 when the Law Reform (Contributory Negligence) Act was first enacted in England. . . . There are cases covering this point in England, Australia and New Zealand, each with identical statutes following the English Act. This article examines the extent to which these decisions conclusively resolve the question whether contributory negligence applies to claims brought in contract. It also highlights the findings and provisional recommendations of the English Law Commission's Working Paper No 114 on Contributory Negligence as a Defence in Contract and examines the implications of the defence in contract law.
Keywords: Contract law, contributory negligence, effect of claimant's actions on apportionment of damages, Australia, New Zealand, United Kingdom
JEL Classification: K12Accepted Paper Series
Date posted: January 4, 2005
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