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Contributory Negligence Summary

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Contributory Negligence

When the plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant, he is considered to be guilty of contributory negligence. An accident would be said to be the result of contributory negligence if “the proximate cause of the accident is the act or omission amounting to want of ordinary care or in defiance of duty or obligation on the part of the complaining party (the plaintiff) has conjoined with the other party’s negligence.”

The Supreme Court in Municipal Corpn. Of Greater Bombay v. Laxman Iyer, A.I.R. 2003 SC 4182
Where a mischance is because of carelessness of both sides, considerably there would be contributory carelessness and both would be faulted. For a situation of contributory carelessness, the critical inquiry on which risk depends would be whether either gathering could be practice of sensible consideration, have maintained a strategic distance from the results of other's carelessness. Whichever gathering could have kept away from the results of other's carelessness would be at risk …show more content…

The offended party's own carelessness disentitled him to bring any activity against the careless litigant. Here Plaintiff's carelessness does not mean break of obligation towards the other party yet it implies nonattendance of due consideration on his part about his own security. "The principle of law is that if there is an accuse bringing on the mishap for both sides, however little that accuse may be for one side, the misfortune lies where it fizzles." This guideline worked an awesome hardship especially for the offended party in light of the fact that for a slight carelessness on his part, he may lose his activity against a litigant whose carelessness may have been the fundamental driver of harm to the offended

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