Overview

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 undertaken 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 within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.

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9780198814245

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The authors, both from the University of Oxford, have made an important contribution to the literature on this subject in this detailed investigation of its everyday practicalities, which oddly enough, have hitherto been largely unexplored. The hope is expressed that this study will be used to inform future developments in this often-vexed area of law. Lawyers, academics and certainly members of the judiciary will no doubt regard this book as essential reading. The extensive tables of claims data detailed in the book's four appendices are well-nigh indispensable. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber *

Author Information

James Goudkamp is Professor of the Law of Obligations at the University of Oxford and a Fellow of Keble College. James specialises in private law subjects. He has published numerous books, as an author or editor, and many articles, chapters, and case notes. A sizable amount of his writing is concerned with the law of contributory negligence. Donal Nolan is Professor of Private Law at the University of Oxford, and the Francis Reynolds and Clarendon Fellow and Tutor in Law at Worcester College, Oxford. Donal has published extensively on a range of private law topics, and has a particular interest in the law of negligence and the law of private nuisance.

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