Working Conceptions of The Law

This exploratory essay is an admixture of amateur psychology, moral theory, and jurisprudence. It grows out of seminars I have given for judges, and reflects that focus. Co-theorists will now see some of what I have been telling practitioners. And error in my story may be exposed. But one can have no qualms about this. It is especially important to have things put right for judges

NUISANCE CONTRIBUTORY NEGLIGENCE AS DEFENSE

Plaintiff brought action against the county for injuries sustained when his truck fell into an unlighted and unguarded excavation made by the county in the center of the highway for the purpose of repairing a culvert. Held, that defendant\u27s act, though required by statute, was done in such a manner as to constitute active wrongdoing and a public nuisance, to which a plea of contributory negligence is no defense. Hammond v. Monmouth County, (N. J. S. Ct. 1936) 186 A. 452

It Is Much Easier to Find Fault with Others, Than to be Faultless Ourselves : Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability

To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina\u27s enactment of the Products Liability Act and the doctrine\u27s applicability to the implied warranty of merchantability