Socratic Method / Re: Help: What's the diferences and relationships between Mitigation and C'tri Negli« on: May 01, 2006, 11:17:23 AM »
Thank you for your good answers!
I have another question.
The examples you mentioned are both related to Torts.
Now my question is about Contracts.
Since contract liability is stick liability, can we conclude that there is no conception of contributory negligence in contract disputes?
Although the answer is quite obvious, I will explain... If there is a contract dispute, the first question you need to ask is whether the aggrieved party's contributory negligence negated the mens rea material to an element of the offense. If the answer to that question is yes, then you must determine whether the contract touches and concerns the land. Because we are also dealing with strict liability, chances are the contract does touch and concern the land (Seeing as how only a rational basis test is applied). It is important to note, however, that the court can only hear this case if the claim for damages is above $75,000. Having said that, apply the usual Erie analysis to come up with the right answer. Wherefore, I pray that you are not an actual law student (Please excuse my lame attempt to incorporate Legal Writing).
Although you may be confused with my answer, take heart in the fact that your question made even less sense. If you are in fact a first year student, might I suggest dropping out? If you are a 0L might I suggest withdrawing your applications? Either alternative furthers the greatest good for the greatest number of people.
Do you know the development in English Law?
Have u read Contributory Negligence as a Defence in Contract (Law Com No 219)?