Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person sued the author and, through the process of discovery, found private emails, author's notes, etc., that confirm the claim.
But suppose that nobody other than the author and the real person connected the fictional character to the real person prior to the lawsuit, and it was the lawsuit itself that drew attention to the connection in public. Subsequently, the real person suffered damages, but had suffered none before his lawsuit. Can the defendant then use a "contributory negligence" defense, arguing that the damage was realized due to the actions of the plaintiff?
"Contributory" negligence or other contributions are a factor in other areas of the law. Is it a factor in libel?