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Contributory negligence in the twenty-first century / James Goudkamp and Donal Nolan.

By: Contributor(s): Publisher: Oxford, United Kingdom ; New York, NY : Oxford University Press 2019Edition: First editionDescription: xxv, 320 pages : illustrations ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780198814245
Subject(s): DDC classification:
  • 346.032 GOU
LOC classification:
  • K941 .G68 2019
Contents:
Introduction -- The law of contributory negligence -- Methodology -- Contributory negligence at first instance -- Contributory negligence on appeal -- Contributory negligence on the roads -- Contributory negligence at work -- Contributory negligence and professionals -- Conclusion.
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.
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Item type Current library Collection Shelving location Call number Status Date due Barcode
BOOKs BOOKs National Law School Reference General Stacks 346.032 GOU (Browse shelf(Opens below)) Available 37981

Includes bibliographical references and index.

Introduction -- The law of contributory negligence -- Methodology -- Contributory negligence at first instance -- Contributory negligence on appeal -- Contributory negligence on the roads -- Contributory negligence at work -- Contributory negligence and professionals -- Conclusion.

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.

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