It is the comparative negligence in the tort law that thee amount of the claim for the compensation may be reduced to the extent to which the plaintif has been contributorily negligent in the course of the accident. It is undoubtedly the aspect callin...
It is the comparative negligence in the tort law that thee amount of the claim for the compensation may be reduced to the extent to which the plaintif has been contributorily negligent in the course of the accident. It is undoubtedly the aspect calling for the most carefull examination in the theory on the comparative negligence what is the plaintif's negligence.
In order to cover the full appreciation of the plaintif's negligence, this study deals with mainly the problems about the legal character of the comparative negligence system and the plaintif's ca-pacity for the liability. Many of the theorists say that the plaintif's negligence is the negligence in the common sense and a certain degree of the plaintif's liability capacity is necessary to be set up the comparative negligence by defendant.
But the author of this study argues that the comparative negligence system is to determine the causality in the tort law and the plaintif's negligence is different from the negligence in the com-mon sense. Namely, the system of the comparative negligence does not demand the plaintif's liabi-lity capacity of any degree because the system of the comparative negligence is to make the defen-dant come out from the liability for the damage made by plaintif's action, he says, Therefore, he says also, if the defendant proved that the plaintif was contributorily negligent to a certain extent, the defendant has not to take responsibility at that extent.