Question

Question : Negligence

Describe the difference between contributory and comparative negligence and offer examples for each have either impacted your own life or the life of anyone that you know?

Answer 1

Negligence is tort. It is a breach of duty ,take care of or to duty to avoid by (defendant )which cause damages to other( plaintiff).

In contributory negligence there will be ignorance of due care by plaintiff to avoid consequences of defendant. It is based on maxim "violenti non fit injuria".

Plaintiff should be negligent in taking care of duty , has not taken care to avoid the consequences of defendant negligence. Then will have right to sue .

Example - A works in chemical factory and got infected his lungs , a sue against employer for not taking precautionary measures. The employer take defence a has smoking habit . The compensation can be reduced imposed on defendant because even plaintiff is negligent of his health.

Comparative negligence - applied in accident cases. In accident cases both parties have done negligence to compare the qunantity of both parties this method is used . It is mainly to reduce the compensation on defendant to be paid to plaintiff .

Example- one day my husband was at the traffic signal there was no vehicle coming on the right side ,then he prepared to take turn suddenly a vehicle came with high speed hit our car.

Here my husband should be more cautious and the other person use normal speed.

Hence the compensation was redeuced awarded to defendant due to comparative negligence.