Dear all,

In Ireland, where I am based, the statutory defence of contributory
negligence has been expressly applied to wrongs, including intentional
torts, breach of contract and breach of trust (Civil Liability Act
1961 S. 2, s. 34).

However, there is a lack of Irish authorities on the way in which the
defence would apply if it were invoked in a case of breach of trust -
or breach of contract for that matter.

I would be really grateful for any references to authorities or
academic commentary considering the proper approach to a claim of
contributory negligence where the claim was for breach of trust,
intentional tortious wrong-doing or breach of contract.

(I am aware that several jurisdictions do not recognize contributory
negligence as a defence to claims for breach of trust or an
intentional tort but that approach is inapplicable as noted.)

Kind regards

Ger