Rights, Wrongs, and Recourse in the Law of Torts
Thus the last clear chance doctrine has often been reasoned in terms of whether or not plaintiff's contributory negligence was a proximate cause of his injury.
Preliminary Paper No 19 APPORTIONMENT OF CIVIL LIABILITYsupported his answer-that foreseeability was not required for proximate cause-and Cardozo appeared willing to accept Polemis.41. The real battle between Cardozo ... the tortfeasors and contributory negligence actThe most frequently encountered tort is negligence: the breach of a duty to take reasonable care for the interests of another person where it was foreseeable ... SANTA CLARA UNIVERSITY SCHOOL OF LAWproximate to the breach is based purely on foreseeability. ... But the foreseeability test would hardly cover thc liability of the auctioneer in Ilolliiis Y.
Autres Cours:
