Contributory negligence is by the part of:

ANSWER: (C) BothREF: Parikh 6th edition page 1.53Repeat from June 2008Contributory negligence is defined as a concurrent negligence by the patient and doctor resulting in delayed recovery or harm to the patient. The negligence of both parties has contributed to this harm"However the doctor is expected to foresee that the patient may harm himself and to warn him accordingly. Without giving such a warning a doctor cannot plead contributory negligence.Contributory negligence is good defense for the physician in civil cases but not in criminal cases.The burden of proving such a negligence rests entirely on the doctor.