Rule of Contributory Negligence says that one who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it.
This does not depend on the breach of any duty between the plaintiff and the defendant but depends entirely on the question whether the plaintiff could have reasonably avoided the consequences of the defendant's negligence.
Related Cases / Recent Cases / Case Law
- Union of India vs Hindustan Leaver Ltd and another, AIR 1975 Punj. 259: Contributory negligence is an expression which implies that the person who has suffered damage, is also guilty of some negligence and as contributed to the damage
- Kumari Poddar vs Chitagong Engineering and Electrical Supply Co Ltd, 1945 Cal 433: The defense of contributory negligence cannot succeed unless it is provided that the plaintiff was under a legal duty to take care for his own safety.
- Thomas vs Quarter Maine, 1986 ACJ 264
- Butterfield vs Forrester (1809) 11 East. 60: Any one by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it because he is the author of his own wrong.
- Rural Transport Service vs Bezlum Bibi, AIR (1980) Cal. 165: Bus conductor was not liable for the death of a passenger who climbed on the roof of the bus and was hit by a tree.
- G Dhanasekar v MD, Metropolitan Transport Corporation Limited, Civil Appeal Jurisdiction, Civil Appeal No 2008-09/2014, Supreme Court of India judgement dated February 12, 2014
- injure non remota causa and proxima spectatur - the law takes into consideration only the proximate cause and not the remote one
- Law Reform (Contributory Negligence) Act, 1945
- Rule of Last Opportunity and its limitations
- Doctrine of Alternative Danger
- Contributory Negligence of Children
- Rescue Cases
- Burden of proof in Contributory Negligence
- When Contributory Negligence is of no defence
- Liability of Carriers of Passengers
- Tort vs Contract
- Remedies for Torts
- Concepts of Absolute Liability and Vicarious Liability