Doctrine of Contributory Negligence

labour law
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  1 LABOUR LAW II EMPLOYEES COMPENSATION ACT 1923 DOCTRINE OF   CONTRIBUTORYNEGLIGENCE   Name: Sanjana.R Class: 3 rd  yr B.A.B.L(Hons) Date of Submission: Faculty’s Signature:    2 Contents 1.   INTRODUCTION ……………………………………………………. 3 2.   OBJECT OF THE STUDY ………….4  3.   HYPOTHESIS …………4  4.   DOCTRINE OF CONTRIBUTORY NEGLIGENCE ……..5  5.   DOCTRINE OF CONTRIBUTORY NEGLIGENCE IN COMMON LAW ……6  6.   LEADING CASE LAWS …..6  7.   GENERAL PRINCIPLES OF CONTRIBUTORY NEGLIGENCE IN LABOUR LAW 8.   THE DOCTRINE OF CONTRIBUTORY NEGLIGENCE MAY BE SUMMARIZED IN THE FOLLOWING PROPOSITIONS 9.   LIMITATIONS OF CONTRIBUTORY NEGLIGENCE AS A DEFENCE   10.   DOCTRINE OF APPORTIONMENT OF DAMAGES IN INDIA 11.   DEFENCE AVAILABLE TO EMPLOYERS BEFORE PASSING OF THE EMPLOYEES COMPENSATION ACT 1923 12.   TWO WAYS OF CLAIMING COMPENSATION. 13.   APPORTIONMENT OF LIABILITY IN CASES OF CONTRIBUTORY  NEGLIGENCE 14.   EMPLOYEES COMPENSATION AND CONTRIBUTORY NEGLIGENCE 15.   CONCLUSION and SUGGESTIONS  3 INTRODUCTION: In my assignment I have dealt with the DOCTRINE OF CONTRIBUTORY NEGLIGENCE. Contributory negligence in common-law jurisdictions is defense to a claim based on negligence. It applies to cases where petitioners have, through their own negligence, contributed to the harm they suffered. Origins of Contributory Negligence: The United States used the doctrine extensively in the 19th and 20th centuries. However, contributory negligence, like so much American law, has its roots in England. In the first known case, Butterfield vs. Forrester, Butterfield put up a pole in order to repair his home. Forrester, who was riding a horse, hit the pole. He sued Butterfield for  personal injury damages. Although it was dusk, a witness said the visibility was 100 yards, so the court ruled that Forrester failed to use common caution and denied him damages.   Contributory negligence is negligent conduct by the injured party that is a contributing cause of her injuries, and that falls below the legal standard for protecting oneself from an unreasonable risk of harm. At common law, the defense of contributory negligence was an absolute defense and served as a complete bar to recovery. Most jurisdictions today have adopted the doctrine of comparative negligence, whereby the amount of the petitioner  ’s award is reduced by the extent to which  petitioner  ’s conduct contributed to the harm.  Contributory negligence is a bar to recovery only when it is a proximate cause of the injury. If the damage is not the necessary or ordinary or likely result of contributory negligence, but is due to some other unlikely event which could not reasonably have been anticipated or regarded as likely to occur, the petitioner’s negligence is too remote to act as a bar to recovery.    4 OBJECT OF THE STUDY: In many cases the doctrine of contributory negligence has been found to be misused by the employer in order to reduce the compensation that is to be paid to he employee. Here we are going to study various cases where this doctrine has been applied and the study the variations from each case and conclude with a solution to overcome such partiality that’s been eluding the society. HYPOTHESIS:    After the enactment of the employee’s compensation Act 1923 , this defense is applied only to a certain extent.    The doctrine of contributory negligence in Common Law is regarded unfair, explained with case laws and comparisons between various countries.
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