contributory

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Related to contributorily: laches

contributory

[kən′trib·yə‚tȯr·ē]
(hydrology)
References in periodicals archive ?
When there's room for different opinions, a judge may not find contributory negligence but must let the lawsuit proceed toward trial and permit the defendant to argue to the jury that the plaintiffs were contributorily negligent, the 4th Circuit said in its published 3-0 decision.
The teen's attorneys argued that he was incompetent before the accident and thus could not be found contributorily negligent.
(c) In determining whether a person has been contributorily negligent, the following factors (amongst others) are relevant:
(289) By misstating the foreseeability rule in Zerfas, the court reverted to the days of early negligence cases when plaintiffs were easily labeled contributorily negligent and "should have" acted differently--despite obstructions left in the roadway.
at 368 (stating it would be unusual to find patient contributorily negligent when plaintiff relies on doctor).
Court of Appeals sua sponte broadened this specific question of reasonable behavior into the more general question of whether "on account of [the plaintiffs] visual impairment, his conduct should be tested against a different standard of care." (105) Examining the issue sua sponte and finding no controlling caselaw, (106) the court applied a rule from other jurisdictions holding a blind person contributorily negligent as a matter of law if he was not walking with either a guide dog or a cane, and consequently affirmed the defendants' motion for summary judgment.
(188) Courts should not find that clients can "be held contributorily negligent for failure to perform the attorney's functions." (189) There is, in other words, no diligence requirement for civil litigants bringing malpractice suits like that articulated in Holland for habeas petitioners, whose ability to act with diligence is relatively limited.
(67) However, the court also determined that the plaintiffs older brother must have been contributorily negligent under the circumstances, and that the jury's instruction which did not mention contributory negligence was in error.
(178) The Second Circuit held that eBay could only be held contributorily liable if it knew of specific instances of counterfeit sales and did not take steps to stop it--generalized knowledge of counterfeit sales was not enough.
that Bruce was contributorily negligent for failing to take all reasonable steps to minimize or avoid injury.
"Wright Medical has infringed, and continues to infringe, directly, contributorily, and/or through the inducement of others, the claimed apparent uses and methods of the ConforMIS patents through at least the Prophecy Pre-Operative Navigation Guides and the Prophecy Inbone Pre-Operative Navigation System that Wright Medical makes, uses, imports, exports, sells, and/or offers for sale," ConforMIS alleged in its lawsuit.
Alternatively, he claimed that Mr Baxter was contributorily negligent.