Composite Negligence & Contributory Negligence
G. ARAVINTHAN
(Querist) 24 September 2010
This query is : Resolved
What is the difference between the Composite Negligence & Contributory Negligence ?
Parthasarathi Loganathan
(Expert) 24 September 2010
Contributory Negligence:
If a plaintiff is injured or has sustained damage due to his own negligence, which has contributed to the accident caused by the wrongful conduct of the defendant, he has committed an act of contributory negligence.
Whereas a 'Composite negligence' refers to the negligence on the part of two or more persons. Where a person is injured as a result of negligence on the part of two or more wrong doers, it is said that the person was injured on account of the composite negligence of those wrong-doers. In such a case, each wrong doer, is jointly and severally liable to the injured for payment of the entire damages and the injured person has the choice of proceeding against all or any of them. In such a case, the injured need not establish the extent of responsibility of each wrong-doer separately, nor is it necessary for the court to determine the extent of liability of each wrong-doer separately.
