Contributory Negligence and Trespass to the Person

James Goudkamp, ‘Contributory Negligence and Trespass to the Person’ (2011) 27 Law Quarterly Review pp.518–522 (cited and discussed in McAleer v Chief Constable of the PSNI [2014] NIQB 53 at [20]–[23]).

3 Pages Posted: 1 Mar 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2011

Abstract

Comments on the Court of Appeal decision in Co-operative Group (CWS) Ltd v. Pritchard on whether the Law Reform (Contributory Negligence) Act 1945 permitted a reduction from a supermarket employee's full damages for the torts of assault and battery by the store manager on the ground that her behaviour, in belligerently confronting the manager after he refused consent for a day's leave, contributed to the loss. Considers whether apportionment should be available in the context of trespass to the person.

Keywords: tort, trespass, battery, provocation, comparative fault, contributory neglgience, defences, illegality, apportionment

JEL Classification: K13

Suggested Citation

Goudkamp, James, Contributory Negligence and Trespass to the Person (2011). James Goudkamp, ‘Contributory Negligence and Trespass to the Person’ (2011) 27 Law Quarterly Review pp.518–522 (cited and discussed in McAleer v Chief Constable of the PSNI [2014] NIQB 53 at [20]–[23]). , Available at SSRN: https://ssrn.com/abstract=2740304

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

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Oxford, OX1 3UL
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