§ 9.1 Background and Scope of Chapter

• Library: Damages (OSBar) (2016 Ed.)

§ 9.1 BACKGROUND AND SCOPE OF CHAPTER

At common law, contributory negligence was a complete bar to the recovery of damages in tort cases. As such, for equitable reasons juries often refused to make that finding even though it was supported by the evidence. That is, juries frequently applied principles of comparative negligence to allow reduced recoveries when the plaintiff was less than 50 percent at fault, especially if the plaintiff had severe or disabling injuries or the defendant's conduct was...