Contributory Negligence and Composite Negligence

December 24, 2022
A statue of Lady Justice

In case of contributory negligence, a person who has himself contributed to the accident cannot claim compensation for the injury sustained by him in the accident to the extent of his own negligence. The extent of his own negligence is required to be determined as damages recoverable by him in respect of his injury have to be reduced in proportion to his contributory negligence.

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Moreover, in case of composite negligence, a person who has suffered has not contributed to the accident but due to the combination of outcome of negligence of two or more wrongdoers. In such a case the plaintiff is entitled to sue both or any of the joint tort feasor and to recover the entire damages as the liability of the joint tort feasor is joint and several.

In case of composite negligence, the injured party need not establish the extent of responsibility of each wrongdoer separately nor it is necessary for the court to determine the extent of liability of each wrongdoer separately. On the other hand, In case of contributory negligence, the negligence on the part of both the parties is calculated so as to apportion the damages to the party.

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