Comments on Maki v. Frelk--Comparative v.Contributory Negligence: Should the Court or Legislature Decide?
Jr., James Fleming, Jr., Harry Kalven, Keeton, Robert E., Leflar, Robert A., Malone, Wex S. & Wade, John W.
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- 1983Harrison v. Montgomery County Board of Education Md.
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Abstract
Believing that the holdings and opinions in the case of Maki v. Frelkare significant legal developments, the Vanderbilt Law Review has solicited comments on these decisions, which it is now pleased to publish. These comments by six distinguished torts teachers and writers bear on the relative merits of comparative and contributory negligence, but more importantly, they discuss whether the judicial or legislative method is most appropriate for adoption of a rule of comparative negligence. It is hoped that these comments will be used as a sound basis for action, whether the problem arises before the courts or legislatures.