What is the difference between ‘composite negligence’ and ‘contributory negligence’?

[Law of Torts] – The distinction between ‘composite negligence’ and contributory negligence’ was well brought in T.O. Anthony v Karvarnan. It was laid down that ‘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 wrongdoers, it is said that the person was injured on account of the composite negligence of those wrongdoers. In such a case, each wrongdoer is jointly or 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. On the other hand where a person suffers injury, partly due to the negligence, then the negligence on the part of the injured which contributed to the accident is referred to as his contributory negligence.

Advertisement

Comments