Dear Gerald,

Ariel Porat has been writing on contributory negligence in contracts in the following places:

"A Comparative Fault Defense in Contract Law" 107 Michigan Law Review 1397 (2009)

"The Contributory Negligence Defence and the Ability to Rely on the Contract," 111 Law Quarterly Review 228 (1995).

"Contributory Negligence in the Law of Contracts: Toward A Principled Approach," 28 University of British Columbia Law Review141 (1994).

You might also want to have a look at his "Forward: Fault in American Contract Law" 107 Michigan Law Review 1341 (2009) (with O. Ben-Shahar)

With best wishes

Tsachi

-- 
Professor Tsachi Keren-Paz
Research Director, School of Law
Keele University
Staffordshire ST5 5BG
England
Office: CBC 2.015
Phone: 01782 734358
Email: t.keren-paz@law.keele.ac.uk
http://www.keele.ac.uk/law/staff/academicstaff/tsachikeren-paz/
New book: Sex Trafficking: A Private Law Response (Routledge 2013) http://www.routledge.com/books/details/9780415583312/
SSRN author page: http://ssrn.com/author=348800 

On 27/05/2014 12:03, Gerard Sadlier wrote:

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

-- 
Professor Tsachi Keren-Paz
Research Director, School of Law
Keele University
Staffordshire ST5 5BG
England
Office: CBC 2.015
Phone: 01782 734358
Email: t.keren-paz@law.keele.ac.uk
http://www.keele.ac.uk/law/staff/academicstaff/tsachikeren-paz/
New book: Sex Trafficking: A Private Law Response (Routledge 2013) http://www.routledge.com/books/details/9780415583312/
SSRN author page: http://ssrn.com/author=348800