Sir Edward Coke - Sir Edward Coke is most remembered for his forceful championship of the supremacy of the common law...
Preface - Over a century ago, Justice Holmes coined the aphorism - '[t]he life of the law has not been logic: it has been experience'...
Introduction - Over a century ago, Justice Holmes coined the aphorism - '[t]he life of the law has not been logic: it has been experience'...
Negligence - Over the centuries the common law courts developed doctrines to assist in the determination of civil liability when accidents occurred...
Strict Liability - The common law developed a separate doctrine to help plaintiffs to prove their cases for certain situations...
Contributory Negligence - The common law developed a doctrine to deal with cases when the plaintiff was partially responsible for the accident and subsequent injuries...
Last Clear Chance - The courts developed several theories to try to soften the impact of the contributory negligence rule...
Proximate Cause - The proximate cause doctrine was discussed in the Negligence section of this Commentary...
Comparative Negligence - Comparative negligence is a means by which the burden for an accident is shared between the plaintiff and defendant...
Conclusion - The legal system has always evolved with societal developments, but almost always at a slow, reactive pace...
Endnotes