Liability on the doctrine of contributory negligence of parties and assumption of risk in maritime related incidents: An appraisal

Abstract

Negligence is a common cause of action in Maritime disputes. It is usually by the passengers aboard the ocean-going vessel or cargo  owners, seamen and the shipowners who have suffered damage to their person or property. Contributory Negligence and Assumption of  Risk is an idea that naturally allies within the province of the Law of Tort. In other words, both doctrines are the obvious basis of  tortious liability. It is the focus of this paper to examine the developments in the law of negligence that have placed these ideas at the  centre of tortious liability. The researchers analyse the concepts of both doctrines and also consider the implications of its development  for the future of Tort Law. The researchers adopted doctorial research method through the review of primary and secondary sources  of  materials relevant to the topic. It was discovered that Negligence is a common cause of action in maritime disputes.