| 1. | The third element requires the absence of contributory negligence from the plaintiff.
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| 2. | Under the doctrine of contributory negligence, the plaintiff's negligence is a complete defense.
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| 3. | Contributory negligence is generally a defense to a tort of negligence.
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| 4. | Instead the conduct amounted to contributory negligence, which is not a complete defence.
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| 5. | Contributory negligence is no defence in an action for deceit.
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| 6. | Contributory negligence of the aggrieved person might be a defence.
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| 7. | In other countries it can give rise to a partial defence of contributory negligence.
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| 8. | In modern case law, contributory negligence is compared to the injury caused by the other.
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| 9. | Indiana applies pure contributory negligence to medical malpractice cases and tort claims against the state government.
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| 10. | Contributory negligence, for example, could deprive a plaintiff of a legal remedy against a negligent defendant.
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