Comparative Negligence and Mitigation of Damages: Two Sister Doctrines in Search of Reunion

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Abstract

It is, indeed, a high-sounding phrase which announces that no man shall be permitted to base his recovery upon his own fault .... Yet, . . . there is a growing feeling that injustice is being worked and that there are situations in which the plaintiff should not be denied a recovery merely because his own fault has to some appreciable degree contributed to his harm
Original languageEnglish
Pages (from-to)783-842
Number of pages60
JournalQuinnipiac Law Review
Volume31
Issue number4
StatePublished - 2013

Keywords

  • United States
  • Common law
  • Damage mitigation (Law)
  • Torts
  • Comparative negligence
  • Fairness

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