The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The effect of the injured person’s act in civil responsibility

Author
Mahmoud Kazemi
Tehran University
Abstract
  One of the issues long discussed in Law of Tort (civil liability) is the effect of act and fault of injured person on Tort action. In Roman law, condition that committed fault, injured person was deprived of compensation, without the type and degree of his intervention in damage occurrence being studied. In ancient Common Law this rule was governed too. But it was gradually modified in Western Legal systems, especially in Common Law. There are interesting issues on foundation and conditions of this rule being practiced, and on the mutual effect of injured and defendant act on each other.

  This study aims at investigating the issue along with its changes over time in Islamic Law, Common Law and, French Law.
Keywords
Act of injured person
Contributory Negligence
Causation
aggregation of intention and fault
Theory of last opportunity

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