Criticism of Contributory Negligence in Contracts Law in Iran and America
When the obligee does not collaborate with the obligor based on good faith in any steps of the contract including formation and execution or even after contract breach and this causes or increases losses, then that situation gives rise to the concept of the fault of the injured party. Therefore, if...
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Shahr-e- Danesh Research And Study Institute of Law
2024-06-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_163971_f9d38c7744f06a940c8b1eaa6d0f1f74.pdf |
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| author | mozhdeh zafari Morteza Shahbazinia MEHRZAD ABDALI Seyyed Elham-aldin Sharifi |
| author_facet | mozhdeh zafari Morteza Shahbazinia MEHRZAD ABDALI Seyyed Elham-aldin Sharifi |
| author_sort | mozhdeh zafari |
| collection | DOAJ |
| description | When the obligee does not collaborate with the obligor based on good faith in any steps of the contract including formation and execution or even after contract breach and this causes or increases losses, then that situation gives rise to the concept of the fault of the injured party. Therefore, if the obligee and the obligor jointly cause or increase losses, then the concept of contributory negligence, or comparative negligence according to the US legal system, should be considered. The present paper aims to conduct a comparative study on contributory negligence in contract law together with an analysis of relevant domestic and foreign opinions. It is concluded that in the US legal system, contributory negligence is usually dismissed in the field of contracts; but "reasonable reliance" and "predictability" have efficient similarities to the contributory negligence concept and this fact reveals traces of contributory negligence in the US legal system. However, in the Iranian legal system laws indirectly imply this concept and the presence of contributory negligence in the Iranian law can also be confirmed based on analogy, ascertainment, good faith, and purpose of law and the fact that this concept merely mentioned with regard to some laws, can be explained based on the Islamic prevalence rule (Qalabah). |
| format | Article |
| id | doaj-art-7e40d589b6b14b32aef8fbd6ef942fab |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-7e40d589b6b14b32aef8fbd6ef942fab2025-01-12T12:21:59ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-06-01235743946410.48300/jlr.2022.350107.2113163971Criticism of Contributory Negligence in Contracts Law in Iran and Americamozhdeh zafari0Morteza Shahbazinia1MEHRZAD ABDALI2Seyyed Elham-aldin Sharifi3PhD Student in Private Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.Associate Professor, Department of Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.Associate Professor, Department of Private Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.Assistant Professor, Department of Private Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran.When the obligee does not collaborate with the obligor based on good faith in any steps of the contract including formation and execution or even after contract breach and this causes or increases losses, then that situation gives rise to the concept of the fault of the injured party. Therefore, if the obligee and the obligor jointly cause or increase losses, then the concept of contributory negligence, or comparative negligence according to the US legal system, should be considered. The present paper aims to conduct a comparative study on contributory negligence in contract law together with an analysis of relevant domestic and foreign opinions. It is concluded that in the US legal system, contributory negligence is usually dismissed in the field of contracts; but "reasonable reliance" and "predictability" have efficient similarities to the contributory negligence concept and this fact reveals traces of contributory negligence in the US legal system. However, in the Iranian legal system laws indirectly imply this concept and the presence of contributory negligence in the Iranian law can also be confirmed based on analogy, ascertainment, good faith, and purpose of law and the fact that this concept merely mentioned with regard to some laws, can be explained based on the Islamic prevalence rule (Qalabah).https://jlr.sdil.ac.ir/article_163971_f9d38c7744f06a940c8b1eaa6d0f1f74.pdfcontributory negligencemitigation of damagereasonable reliancepredictabilitycommitment to cooperation |
| spellingShingle | mozhdeh zafari Morteza Shahbazinia MEHRZAD ABDALI Seyyed Elham-aldin Sharifi Criticism of Contributory Negligence in Contracts Law in Iran and America پژوهشهای حقوقی contributory negligence mitigation of damage reasonable reliance predictability commitment to cooperation |
| title | Criticism of Contributory Negligence in Contracts Law in Iran and America |
| title_full | Criticism of Contributory Negligence in Contracts Law in Iran and America |
| title_fullStr | Criticism of Contributory Negligence in Contracts Law in Iran and America |
| title_full_unstemmed | Criticism of Contributory Negligence in Contracts Law in Iran and America |
| title_short | Criticism of Contributory Negligence in Contracts Law in Iran and America |
| title_sort | criticism of contributory negligence in contracts law in iran and america |
| topic | contributory negligence mitigation of damage reasonable reliance predictability commitment to cooperation |
| url | https://jlr.sdil.ac.ir/article_163971_f9d38c7744f06a940c8b1eaa6d0f1f74.pdf |
| work_keys_str_mv | AT mozhdehzafari criticismofcontributorynegligenceincontractslawiniranandamerica AT mortezashahbazinia criticismofcontributorynegligenceincontractslawiniranandamerica AT mehrzadabdali criticismofcontributorynegligenceincontractslawiniranandamerica AT seyyedelhamaldinsharifi criticismofcontributorynegligenceincontractslawiniranandamerica |