| Negligence depends on a breach of duty, whereas contributory negligence does not. |
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| That, of course, does not mean that the appellant was guilty of contributory negligence. |
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| Before the Act, of course, a finding of contributory negligence defeated the claim altogether. |
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| Damages were reduced by two thirds for the deceased's contributory negligence. |
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| In respect of the second flood, the claimants were not guilty of contributory negligence. |
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| Whether a plaintiff is guilty of contributory negligence is a question of fact. |
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| In an action against the tug owners, there was a plea of contributory negligence in failing to cast off the towline when danger was imminent. |
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| The amount of the judgment entered at trial reflected the reduction made on account of the plaintiff's contributory negligence. |
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| Negligence, or contributory negligence, will suffice either to defeat the claim or to reduce the award of damages. |
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| You hear judges write that the employee is guilty of contributory negligence. |
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| It is usually said that there is no age below which, as a matter of law, a child cannot be guilty of contributory negligence. |
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| In many cases the application of the rule raises the question whether the licensee has been guilty of contributory negligence. |
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| A worker may be so experienced and have so misconducted himself or herself that a finding of contributory negligence is warranted. |
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| Seller retains the defence of contributory negligence on the part of Buyer. |
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| The defence of contributory negligence is available to carriers in DVT and all other passenger liability cases. |
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| At least one state, Nebraska, would presume that using a cell phone at the time of an accident constituted contributory negligence, he said. |
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| In a state with a contributory negligence rule, the aggrieved party cannot recover damages if he is found to be even 1 percent at fault. |
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| Finally, force majeure and contributory negligence on the part of the victim will be accepted as defences. |
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| Given this finding, there was no need for the trial judge to engage in a contributory negligence analysis. |
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| Having done this, contributory negligence may be apportioned, as permitted by statute. |
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| The Appeal Court found no contributory negligence on the part of the plaintiff. |
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| The trial judge ruled that contributory negligence was not a defence to the claims in negligent misrepresentation and fraud and excluded this evidence. |
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| There has been no cross examination of the Claimant with a view to establishing what degree of contributory negligence should be attributed to him. |
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| But the major point is the question of redividing contributory negligence. |
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| The appeal also raised the issue of principles applicable to contributory negligence in maritime law as well as to the rules of joint and several liability and contribution in terms of recovery. |
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| It is especially a problem in such cases where judgments have a discretionary element, such as, for example, negligence and contributory negligence and general damages. |
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| It implements the normal principles of contributory negligence. |
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| In the United States, the pure contributory negligence only applies in Alabama, Maryland, North Carolina, and Virginia. |
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| Indiana applies pure contributory negligence to medical malpractice cases and tort claims against governmental entities. |
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| In England and Wales, it is not possible to defeat a claim under contributory negligence and therefore completely deny the victim compensation. |
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| Therefore, we will only be liable in cases of gross negligence and intent, also to the extent that the liability by contributory negligence due to failure to take own precautions is already limited. |
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| He pleaded guilty to D. U. I. manslaughter, a felony, and spent 24 days in jail, a light sentence given, in part, because of claims of contributory negligence by the pedestrian, who was not in a crosswalk when he was struck. |
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| Some states, though, still use the contributory negligence doctrine to evaluate negligence in a tort. |
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| For instance, Alabama, Maryland, North Carolina, and Virginia continue to use contributory negligence. |
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| The contributory negligence defense can potentially eliminate the defendant's responsibility to pay damages to an injured plaintiff. |
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| Determining the extent of the contributory negligence is subjective and heavily dependent on the evidence available. |
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| In Australia, contributory negligence is available when the plaintiff's own negligence contributed to its own injuries. |
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| It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. |
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| In some jurisdictions, in order to successfully raise an contributory negligence defense, the defendant must prove the negligence of a plaintiff or claimant. |
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| Contributory negligence could reduce the monetary quantification of the defendant's liability, but it cannot legally or logically nullify it. |
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| Contributory negligence is based on carelessness whereas assumption of risk is based on venturousness. |
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| Contributory negligence in common law jurisdictions is generally a defense to a claim based on negligence, an action in tort. |
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