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Contributory Negligence and Proximate Cause

León Green

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Abstract

I This necessity accounts very largely for the mass of decisions in tort law turned on such points as the plaintiff's being a trespasser, technical trespasser, bare licensee, licensee, social guest, invitee, implied invitee, business guest, and in part, for the numerous sorts of "causes" and "conditions" encountered in judicial opinions.Hard and fast rules require not only nice discriminations,[3] 'Malcolm v. Mooresville Cotton Mills, 191 N. C. 127, 133 S. E. 7 (1926); Moore v. Iron Works, 183 N. C. 438, 111 S. E. 776 (1922).' "There is reason and justice in that policy of the law; it is an admonition to every one to exercise due care for his own safety, and it authorizes another to presume that he will do so, and so presuming, adjust his own conduct."Holmes v. Mo.P. Ry.Co., 207 Mo.149, 105 S. W. 624 (1907).See Beach on Contributory Negligence, sec.6 (1885).

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I This necessity accounts very largely for the mass of decisions in tort law turned on such points as the plaintiff's being a trespasser, technical trespasser, bare licensee, licensee, social guest, invitee, implied invitee, business guest, and in part, for the numerous sorts of "causes" and "conditions" encountered in judicial opinions.Hard and fast rules require not only nice discriminations,[3] 'Malcolm v. Mooresville Cotton Mills, 191 N. C. 127, 133 S. E. 7 (1926); Moore v. Iron Works, 183 N. C. 438, 111 S. E. 776 (1922).' "There is reason and justice in that policy of the law; it is an admonition to every one to exercise due care for his own safety, and it authorizes another to presume that he will do so, and so presuming, adjust his own conduct."Holmes v. Mo.P. Ry.Co., 207 Mo.149, 105 S. W. 624 (1907).See Beach on Contributory Negligence, sec.6 (1885).

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I This necessity accounts very largely for the mass of decisions in tort law turned on such points as the plaintiff's being a trespasser, technical trespasser, bare licensee, licensee, social guest, invitee, implied invitee, business guest, and in part, for the numerous sorts of "causes" and "conditions" encountered in judicial opinions.Hard and fast rules require not only nice discriminations,[3] 'Malcolm v. Mooresville Cotton Mills, 191 N. C. 127, 133 S. E. 7 (1926); Moore v. Iron Works, 183 N. C. 438, 111 S. E. 776 (1922).' "There is reason and justice in that policy of the law; it is an admonition to every one to exercise due care for his own safety, and it authorizes another to presume that he will do so, and so presuming, adjust his own conduct."Holmes v. Mo.P. Ry.Co., 207 Mo.149, 105 S. W. 624 (1907).See Beach on Contributory Negligence, sec.6 (1885).

Key concepts: Proximate and ultimate causation, Contributory negligence, Business, Proximate, Law, Political science, Tort, Finance

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