Currently, a need in revaluation of the principles of tort law appeared. Mainly, it is connected with the new view on the notion of guilt. Several works address the issue of guiltiness and the guiltiness of victim

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Introduction

        Our society has always been based on different rules and regulations that determined social relations. Currently, modern world and the efficiency of its functioning is highly dependant on the efficiency of the legal norms applied to the members of the society. In fact, the laws determine development.

        A the same time, tort law is the branch of law that deals with the broad variety of social issues and is the brunch of law that covers the majority of social relations.

        For this reason, it is important to understand the role of the tort law in the society and it is even more important to understand how the philosophy of the tort law influences social relations.

        Currently, a need in revaluation of the principles of tort law appeared. Mainly, it is connected with the new view on the notion of guilt. Several works address the issue of guiltiness and the guiltiness of victim.

        The paper aims to examine the problems that exist in the field and what issues the U.K. legal system might need to address in order to improve fairness on decisions taken. The paper will also address some fundamental works and different points of view on the problem.

Contributory Negligence

        In order to address the issue properly it is worthwhile examining a very simple situation that is rather common in our everyday life:

        Peter, a pedestrian, negligently crosses a street without carefully checking the vehicular traffic. Doris, a motorist, negligently speeds and strikes Peter, causing him injuries. In Anglo-American jurisdictions, Peter's recovery against Doris will likely be reduced, if not eliminated, under the doctrine of contributory (or comparative) negligence. And it might seem obvious that a plaintiff who is 'at fault' should not fully recover against a tortious defendant. (Oven, 1995)

This short passage by K. Simons from the book of David Oven perfectly illustrates how modern legal system reflects the concept of tort.

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However, having a closer look at the situation on e can easily find that everything is fare from being simple.

First of all, saying that Peter was negligent do we mean the same negligent that was expressed by Doris? In other word is Peter as guilty in the accident as Doris is?

Second, if the fault towards others reflects the lack of concern then is the fault of the victim towards his or herself reflect the same lack of concern? Should the guilt of the victim and the injurer viewed from the same point or there is a major ...

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