Defenses to the Tort of Negligence: a Comparative Study of the Iranian and the U.S. Legal Systems

Tortfeasors are entitled to defend themselves against liability claims. In the United States tort system, in addition to general defenses, common law rules have recognized special affirmative defenses for tortfeasors based upon plaintiff's carelessness that has contributed to the injury. The two defenses at study in this article are contributory negligence and comparative fault. In this article, we introduce the defense within a new structure that is compatible with the Iranian legal system. This article contributes to the academic tort law literature in Iran by proposing the recognition of such a rubric in the Iranian tort system. In a comprehensive compative study, it further explain how we can incorporate comparative fault defense in Iran’s legal system. The proposed structure is theoretically applicable to Iran’s civil responsibility schemes, and practically beneficial for lawyers and advocates. We will also study the development and changes of the two doctrines in the U.S. and the influence of workers’ compensation law in their development.