CONTRIBUTORY NEGLIGENCE AND THE RULE IN PHILLIPS V. EYRE

Authors

  • IAN BROWNLIE
  • P RH WEBB

Keywords:

Conflict of Laws, Negligence

Abstract

In this article the authors examine the subject of contributory negligence in cases concerning torts committed abroad. First, the authors briefly discuss the general nature of contributory negligence and some of the problems related to it, particularly within English common law. Through a discussion of the application and possible complexities of the Rule in Phillips v. Eyre, they then examine contributory negligence in relation to torts committed in a foreign country. The authors discuss two particular problems arising from such torts, namely that the Rule in Phillips v. Eyre provides no clear-cut answer to questions surrounding the persuasive burden of proving contributory negligence, and that the law by which the amount recoverable is to be assessed is open to debate. The authors conclude by pointing out that the case of Phillips v. Eyre fails to provide a direct answer to difficulties surrounding contributory negligence and torts committed abroad, and suggest that the ultimate solution will depend on the interpretation of the Rule, as well as the interpretation of several other cases dealing with the same issue.

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Published

1962-03-01

Issue

Section

Case Comment