@article{oai:chuo-u.repo.nii.ac.jp:00012086,
 author = {齋藤, 航},
 issue = {1},
 journal = {中央ロー・ジャーナル},
 month = {Jun},
 note = {application/pdf, Some cases of comparative negligence in contract law have found fault by the injured party in breaching a duty contemplated by the agreement. Other cases, however, have gone beyond that. They have found the injured party at fault because of unreasonable actions, despite the absence of a clear agreement.
In contractual duty cases, the rationale of comparative negligence is based on the expression of the agreement of both parties. However, that analysis falters in non-contractual duty cases. 
  Why should an injured party be required to behave reasonably in the absence of a contractual obligation? The presence of an agreement or contract is not enough to explain all cases of comparative negligence.},
 pages = {71--98},
 title = {契約違反における過失相殺の法的性質 (3)},
 volume = {16},
 year = {2019},
 yomi = {サイトウ, コウ}
}