Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency

James Goudkamp, 'Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency' (2015) 19 Edinburgh Law Review pp.367–373.

Oxford Legal Studies Research Paper No. 21/2016

7 Pages Posted: 26 Feb 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2015

Abstract

Apportioning damages for contributory negligence is bread and butter work of trial courts throughout the United Kingdom. Both contributory negligence and apportionment are very frequently in issue in negligence cases and, when they are, they are often key points in dispute. It is relatively rare, however, for the law in this area to be dealt with at any length on appeal. There are various possible causes of this situation, one of which is the well-established principle that appellate courts should disturb findings of a trial judge in relation to contributory negligence or apportionment only where those findings are clearly wrong. Jackson v Murray is, therefore, an important case. It is the first occasion on which the Supreme Court has engaged with this part of the law other than in passing. The decision casts light on several issues in the law of contributory negligence and apportionment. It also raises some questions.

Keywords: tort, negligence, comparative fault, contributory negligence, appeals, causation, apportionment

JEL Classification: K13

Suggested Citation

Goudkamp, James, Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency (2015). James Goudkamp, 'Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency' (2015) 19 Edinburgh Law Review pp.367–373.; Oxford Legal Studies Research Paper No. 21/2016. Available at SSRN: https://ssrn.com/abstract=2737627

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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