contributory negligence

Contributory negligence permits an appointment of loss by reducing the sum of the claimant's damages to the extent that the claimant suffers damage as a result of his own fault and the fault of any other person. Although usually considered in the context of tortious damage, a partial defence on the basis of contributory negligence may lie in proceedings for breach of contract.

Usage: The damages awarded to the claimant were reduced due to the fault of the claimant in exacerbating the damage suffered.

Related Words: general damages; special damages; nominal damages; liquidated damages; mitigation of damage; remoteness of damage; assessment of damages; liquidated damages; penalties; breach of contract; quantum meruit; contributory negligence; contract; charging order.