BLAW 150 Lecture Notes - Lecture 1: Contributory Negligence, Vicarious Liability
Document Summary
Contributory negligence is one of the most commonly used negligence defenses. The defendant attempts to deny the plaintiff the right to action, by claiming that the plaintiff"s own negligence played a large role in his injuries. In contributory negligence, both parties are guilty of negligence, but the plaintiff is not awarded any damages. The last clear chance rule is an exception to the contributory negligence defense which permits the plaintiff more freedom in taking action against a defendant when the plaintiff is also guilty of negligence. The last clear chance refers to an instance where the defendant had the last clear chance to avoid injuring the plaintiff, but did not take the opportunity. In cases where both the plaintiff and the defendant are both guilty of some degree of negligence, contributory negligence places liability solely on the plaintiff. Vicarious liability represents a venue in which individuals may be "vicariously" held accountable for the actions of individuals other than themselves.
