Contributory negligence, commonly referred to in Slovenia as "shared responsibility", pertains to cases where the injured party’s own negligent behaviour contributes to the cause or extent of the damage. The consequence of contributory negligence is a reduction of the sum of damages in proportion to the injured party’s contribution. Therefore, it represents one of the most important and common defences used by tortfeasors. The application of contributory negligence is broad, covering cases of both fault-based and strict liability, as well as contractual liability.
This master’s thesis provides a comprehensive overview of contributory negligence in the context of Slovenian tort law. The thesis addresses various legal questions and challenges related to the application of contributory negligence by applying the insights of legal theory and examining Slovenian case law. Furthermore, the thesis critically evaluates certain points of view in Slovenian legal theory and case law through the prism of comparative law and offers suggestions for improvement.
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