... 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. However, having a closer look at the situation on e can easily find that everything ...

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