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The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. [3] The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own negligence undermined their argument that the defendant was the proximate cause of the injury. [3]
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
The Supreme Court of the United States held that, even though material contributions and knowledge of the infringement are generally sufficient to establish secondary liability, in the case of infringing technology, contributory liability cannot be imposed unless the technology lacks substantial non-infringing uses.
35 U.S.C. § 271(c), or "contributory infringement," is triggered when a seller provides a part or component that, while not itself infringing of any patent, has a particular use as part of some other machine or composition that is covered by a patent. [4]
Contributory negligence used to be a complete defence, but the Law Reform (Contributory Negligence) Act 1945 allows the court to apportion liability for damages between the claimant and the defendant where the claimant's negligence has materially added to the loss or damage sustained. Section 1 provides:
Contributory infringement has been the central issue in the cases involving peer-to-peer services such as Napster, Aimster, Grokster, and Morpheus. The courts have applied the Sony Betamax ratio differently in all these cases. For instance, Napster was held liable for contributory infringement.
Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975), commonly referred to simply as Li, is a California Supreme Court case that judicially embraced comparative negligence in California tort law and rejected strict contributory negligence.
The federal pension system in Mexico is composed of seven institutions at the federal level that provide benefits in both contributory and non-contributory schemes. These institutions include IMSS, ISSSTE, PEMEX, CFE, ISSSFAM, SHCP and BIENESTAR. In addition, there are subsystems in states, municipalities and universities.