Defenses to the Tort of Negligence: a Comparative Study of the Iranian and the U.S. Legal Systems

Document Type : Original Article

Authors

1 Professor of Law, University of Tehran, School of Law and Political Science

2 harvard University School of Law

10.22034/jlr.2020.165982.1323

Abstract

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.

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References

 ب) منابع انگلیسی Books 10.Blacks Law Dictionary, 10th ed. 2014. 11.Restatement (Third) of Torts: Apportionment of Liability, The American Law Institute, §1, 2000. 12.Dobbs, D. B., and Paul T. Hayden, Ellen M. Bublick., Hornbook on Torts, 2nd ed. 2016. 13.Diamond, J. L., and Lawrence C. Levine, Anita Bernstein, Understanding Torts, 5th ed: Matthew Bender & Company, LexisNexis, 2013. 14.Dobbs, D. B., and Robert E. Keeton, David G. Owen., Prosser and Keeton on the Law of Torts, 5th ed. 1984. 15. Goldberg, J., and Benjamin C. Zipursky, and Anthony Sebok, A. J., Tort Law: Responsibilities and Redress: Aspen Publishers, 2012. 16. Goldberg, J., and Benjamin C. Zipursky, The Oxford Introduction to U.S. Law Torts: Oxford, 2010. 17. Glannon, J. W., The Law of Torts Examples and Explanations, 3rd Ed.: Aspen publishers, 2005. Articles 18.Warren, C., “Volenti Non Fit Injuria In Actions of Negligence”, 8 Harvard Law Review 8, 1895. Davies v. Mann 10 M. & W. 546, 152 Engl. Rep. 588 (1842) 19.Prosser, W. L., “Comparative Negligence”, 41 California Law Review 41, 1953. 20.James Jr., F. “Last Clear Chance: A Traditional Doctrine”, Yale Law Journal 47, 1938. 21. Ernest A. Turk, Comparative Negligence on the March, Chi.-Kent. Law Review 28, 1950. 22. Bohlen, F. H., Voluntary Assumption of Risk, Harvard Law Review, 20, 1906: 14. Cases 23.Butter field v. Forrester ,11 East 60, 103 Eng. Rep. 926 (1809). 24.Davies v. Mann 10 M. & W. 546, 152 Engl. Rep. 588 (1842) 25.Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973). 26. Smith v. Smith, 19 Mass. 621, 663 (1825).
Legal Research Quarterly
Volume 23, Issue 92
March 2021
Pages 147-170

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History

  • Receive Date: 30 January 2019
  • Revise Date: 01 August 2020
  • Accept Date: 09 December 2020

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