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• Title:Contributory negligence in the twenty-first century / James Goudkamp and Donal Nolan.
  
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• Author/Creator:Goudkamp, James, 1980- author.
  
• Other Contributors/Collections:Nolan, Donald J., 1934- author.
  
• Published/Created:Oxford, United Kingdom ; New York, NY : Oxford University of Press 2019.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K941 .G68 2019
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Negligence, Contributory.
  Negligence, Contributory--Great Britain.
  
• Edition:First edition.
  
• Description:xxv, 320 pages ; 24 cm
  
• Summary:Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have engaged in a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion in the law of contributory negligence. 0The study is based on 572 first instance decisions on contributory negligence from across the UK decided between 2000 and 2016, and 130 appellate decisions handed down in the same time period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and also in three particular contextual settings, namely road accidents, accidents at work and professional negligence claims. The authors conclude with a discussion of the central issues0identified in the analysis, and look at how the study can be used to inform future developments in this area of law. Substantial appendices set out all of the data on which the book is based, enabling academics to utilise the dataset in their own research and allowing practitioners to easily compare their cases with previously decided cases.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:0198814240 hardcover
  9780198814245 hardcover
  
• Contents:Machine generated contents note: 1. Introduction
  Contributory Negligence Doctrine: A Cornerstone of Private Law
  Investigating a Poorly Understood Rule
  Earlier Studies
  Distinctiveness of the Present Project
  Structure of the Book
  2. Law of Contributory Negligence
  Introduction
  Existence of Contributory Negligence
  failure to take reasonable care of ones own safety or interests
  claimant's fault must be causally relevant
  Apportionment of Responsibility
  Appeals
  Permission to appeal
  Appellate review generally
  Appeals regarding contributory negligence
  3. Methodology
  Introduction
  Contributory Negligence at First Instance
  scope of the study
  Finding the cases
  Coding the claims
  Checking the data
  Statistical analysis
  Reporting the data
  Contributory Negligence on Appeal
  4. Contributory Negligence at First Instance
  Introduction
  Results
  General information
  Success rate of the plea of contributory negligence
  Discount where contributory negligence found
  Contributory negligence and claimant age
  Contributory negligence and claimant gender
  Discussion
  Overall success rate and average discount
  Claimant age
  Claimant gender
  range of discounts imposed
  Two negative findings
  Occupiers' liability
  Conclusion
  5. Contributory Negligence on Appeal
  Introduction
  Results
  General information
  Appellate intervention
  Who wins appeals?
  Extent of appellate intervention with respect to the discount
  Success of the plea and discount imposed following appeal
  Contributory negligence on appeal and claimant age
  Contributory negligence on appeal and claimant gender
  Discussion
  decline in the number of appellate decisions on contributory negligence
  number of claims in the dataset
  incidence of appellate intervention
  extent of appellate intervention with respect to apportionment
  Post-appeal discounts
  Conclusion
  6. Contributory Negligence on the Roads
  Introduction
  Results
  Number of claims
  Success rate of the plea
  Discount
  Claimant age
  Frequently recurring types of contributory negligence
  Intoxication
  Defendants status
  Discussion
  Seat belts and helmets
  Intoxication
  Pedestrians
  Drivers
  Conclusion
  7. Contributory Negligence at Work
  Introduction
  Results
  General information about first instance claims
  Success rate of the plea and discount at first instance
  Frequently recurring types of contributory negligence
  appellate claims
  Discussion
  Introduction
  leniency issue in general
  Three more specific propositions regarding leniency
  Acts of contributory negligence unrelated to the claimant's work
  relevance of the employee's experience and skill
  Conclusion
  8. Contributory Negligence and Professionals
  Introduction
  Results
  General information
  Success rate of the plea of contributory negligence
  Discount where contributory negligence found
  Further details of professional negligence claims
  Discussion
  Establishing contributory negligence in a professional negligence case
  high average discount in professional negligence cases
  Differing success rates of the plea for different professions
  Contributory negligence in the medical negligence context
  Conclusion
  9. Conclusion
  Explanatory Memorandum to Appendices.