Principle

TORT LAW – Negligence – Contributory Negligence – Pleading Requirements – Whether Use of the Precise Words “Contributory Negligence” is Mandatory

Area of law: TORT LAW
Court: Negligence

A plea of contributory negligence does not require the use of the precise words "contributory negligence." The court examines the substance of the pleaded facts—if the facts alleged show that the plaintiff contributed to their own harm, the plea is valid. The defendant need not…

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