TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Wednesday, October 21, 2020

Goudkamp & Nolan on an Empirical Perspective of Contributory and Professional Negligence

James Goudkamp & Donal Nolan have posted to SSRN Contributory Negligence and Professional Negligence:  An Empirical Perspective.  The abstract provides:

Although contributory negligence is usually associated with accident cases, it is frequently pleaded by defendants who have been sued for negligence in the performance of their professional duties, and yet very little is known about the impact of the doctrine in professional negligence litigation. In this chapter, we seek to fill this gap, by means of both empirical and qualitative analysis of recent contributory negligence case law in the United Kingdom. This analysis suggests that there are certain distinctive features of the operation of the contributory negligence doctrine in the professional negligence context.

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