Contributory Negligence on Appeal
James Goudkamp and Donal Nolan, "Contributory Negligence on Appeal" (2017) (April) New Law Journal pp.18-19
2 Pages Posted: 29 Mar 2017
Date Written: March 29, 2017
Contributory negligence is a private law doctrine of considerable practical importance, and trial court decisions applying the doctrine are frequently the subject of appeals. In this article, we report the key findings of an empirical study of the operation of the contributory negligence doctrine in the Court of Appeal. A fuller report of the results of our study can be found in James Goudkamp and Donal Nolan, “Contributory Negligence in the Court of Appeal: An Empirical Study” (2017) 37 Legal Studies (forthcoming). This study builds upon an earlier exploration of the handling of the contributory negligence doctrine at first instance: James Goudkamp and Donal Nolan, “Contributory Negligence in the Twenty-First Century: An Empirical Study of First Instance Decisions” (2016) 79 Modern Law Review 575.
Keywords: tort law, contributory negligence, appeals, appellate review, apportionment
JEL Classification: K13
Suggested Citation: Suggested Citation