Contributory Negligence and Mitigation: Shall the Two Walk Together?
Mishpat Ve'Asakim IDC Law Review, Vol. 8, 2009
44 Pages Posted: 26 Dec 2008
Date Written: December 23, 2008
This paper discusses and critically examines the close interrelations of two of the main defences to liability in damages for torts and breach of contract. After a careful analysis of the various similarities between the doctrines of contributory (or comparative) negligence and mitigation of damages, and the basic difference between the two, the article reaches the conclusion that there is no justification for the ongoing existence of the mitigation doctrine. It should be abolished, and the doctrine of comparative negligence should be adopted across the board in both tort law and contract law.
Note: Downloadable document is in Hebrew.
Keywords: tort, contract, damages
Suggested Citation: Suggested Citation