Document Type : Original Article
Authors
1
Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran
2
Associate Professor, Department of Private Law, Faculty of Law, Tarbiat Modares University
3
Associate Professor, Department of Private Law, Faculty of Social Sciences, Imam Khomeini International University, Qazvin, Iran
4
Assistant Professor of Law, Faculty of Social Sciences, Imam Khomeini International University
10.48300/jlr.2022.350107.2113
Abstract
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 legalsystem, should be considered. Present paper aims to conduct a comparative study on contributory negligence in contract law together with an analysis of relevantdomestic and foreign opinions.It is concluded that in the US legal system, the contributory negligence is usually dismissed in the field of contracts;but "reasonable reliance" and "predictability" have efficient similarities to the contributory negligence conceptand thisfact reveals traces of contributory negligence in the US legal system. However, in the Iranian legal systemsome laws indirectly imply this concept and 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 thisconceptis merely mentioned with regard tosome laws, can be explainedbased on the Islamic prevalence rule (Qalabah).
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