Question

Contributory negligence means

• A. The failure by a person to use reasonable care for the safety of either of himself or his property
• B. Volunteer to pay for the negligence of others
• C. Contributing the money or money's worth for others wrongs
• D. Inciting others to commit civil wrong.

Hint:

Remember the difference: \textbf{Negligence} is a breach of duty of care owed to others. \textbf{Contributory Negligence} is a breach of the 'duty' to take care of oneself. Its effect is not to absolve the defendant completely but to reduce the plaintiff's damages in proportion to their share of the fault (under the principle of apportionment).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Contributory negligence is a key concept in the law of torts. It acts as a defense for the defendant. It alleges that the plaintiff, through their own negligence, contributed to the harm they suffered.
Step 2: Detailed Explanation:
Contributory negligence is essentially negligence on the part of the plaintiff. It is the failure of a person (the plaintiff) to exercise reasonable care for their own safety or the safety of their property, which then becomes a contributing cause to the injury or damage they suffer. Let's analyze the options: \begin{itemize} \item (A) The failure by a person to use reasonable care for the safety of either of himself or his property: This is the precise and correct legal definition of contributory negligence. For example, a pedestrian crossing the road while looking at their phone and getting hit by a speeding car. The driver is negligent, but the pedestrian is contributorily negligent. \item (B) Volunteer to pay for the negligence of others: This describes a guarantee or indemnity, not contributory negligence. \item (C) Contributing the money or money's worth for others wrongs: This relates to the concept of contribution between joint tortfeasors. \item (D) Inciting others to commit civil wrong: This describes abetment or incitement to tort. \end{itemize}
Step 3: Final Answer:
Contributory negligence means The failure by a person to use reasonable care for the safety of either of himself or his property.