Shahid Beheshti University Legal Research Quarterly 1024-0772 23 92 2021 01 20 Defenses to the Tort of Negligence: a Comparative Study of the Iranian and the U.S. Legal Systems Defenses to the Tort of Negligence: a Comparative Study of the Iranian and the U.S. Legal Systems 147 170 94177 10.22034/jlr.2020.165982.1323 FA Laya Joneydi Professor of Law, University of Tehran, School of Law and Political Science Zahra Takhshid harvard University School of Law Journal Article 2019 01 30 Tortfeasors are entitled to defend themselves against liability claims. In the United States tort system, in addition to general defenses, common law rules have recognized special affirmative defenses for tortfeasors based upon plaintiff's carelessness that has contributed to the injury. The two defenses at study in this article are contributory negligence and comparative fault. In this article, we introduce the defense within a new structure that is compatible with the Iranian legal system. This article contributes to the academic tort law literature in Iran by proposing the recognition of such a rubric in the Iranian tort system. In a comprehensive compative study, it further explain how we can incorporate comparative fault defense in Iran’s legal system. The proposed structure is theoretically applicable to Iran’s civil responsibility schemes, and practically beneficial for lawyers and advocates. We will also study the development and changes of the two doctrines in the U.S. and the influence of workers’ compensation law in their development. Tortfeasors are entitled to defend themselves against liability claims. In the United States tort system, in addition to general defenses, common law rules have recognized special affirmative defenses for tortfeasors based upon plaintiff's carelessness that has contributed to the injury. The two defenses at study in this article are contributory negligence and comparative fault. In this article, we introduce the defense within a new structure that is compatible with the Iranian legal system. This article contributes to the academic tort law literature in Iran by proposing the recognition of such a rubric in the Iranian tort system. In a comprehensive compative study, it further explain how we can incorporate comparative fault defense in Iran’s legal system. The proposed structure is theoretically applicable to Iran’s civil responsibility schemes, and practically beneficial for lawyers and advocates. We will also study the development and changes of the two doctrines in the U.S. and the influence of workers’ compensation law in their development. https://lawresearchmagazine.sbu.ac.ir/article_94177_fb730d59023144c8a826646ed367bd9b.pdf