What Is Contributory Negligence?

Contributory negligence does not refer to the breach of a duty of care. Rather, it refers to a careless act or omission of the plaintiff which contributes to the loss or damage which forms the subject of the plaintiff’s claim for damages. At common law, the contributory negligence of the plaintiff is not a defence to a claim for breach of contract. In other words, unless the contract provides to the contrary, it is not a defence to a claim for breach of contract if a defendant to show the plaintiff’s carelessness contributed to the loss or damage which forms …