ABSTRACT

CONTRIBUTORY NEGLIGENCE AND

COMPOSITE NEGLIGENCE

Contributory Negligence is carelessness by a plaintiff which has contributed to and is in whole

or in part the cause of the injury or harm he complains of, as having been caused to him by the
defendant’s fault. It is one’s failure to avoid getting hurt by the defendant or it is the fault of the
claimant in the very occurrence of the accident. This rule of contributory negligence first
appeared at the beginning of the nineteenth century, though the general idea is traceable
much earlier. This is a defense in which the defendant has to prove the plaintiff failed to take
reasonable care of his own safety and that was contributing factor to the harm ultimately
suffered by the plaintiff.

Composite Negligence is when the negligence of two or more persons results in the same
damage, there is said to be Composite Negligence, and the persons responsible for causing such
damage are known as Composite tortfeasors. In England such tortfeasors could be classified
into two categories of joint tortfeasors and independent tortfeasors, and there were different
rules governing the liability of these two categories of tortfeasors. But the Courts In India have
not necessarily followed the English Law, and they have adopted the rules which are in
consonance with justice, equity and good conscience, according to Indian conditions.

In this research, the Student Researcher will research about Contributory negligence and
composite negligence and its all aspects.

Submitted by:-

SHIVANSH BHALERAO

19LLB097