Contributory negligence

Question 1

law for this

Answer 1

law reform- Contributory negligence act 1945

Question 2

what is contributory negligence

Answer 2

Claimant is partly responsible for some of the damage they have suffered, so damages rewarded would be reduced accordingly by a percentage

Question 3

how can contributory negligence arise (2 ways)

Answer 3

1. Without claimants contributory negligence no damage would’ve resulted
2. Claimants contributory negligence may make damage worse

Question 4

Case for ‘without claimants negligence no damage would’ve resulted’

Answer 4

Sayers v Harlow

• Woman trapped in public toilet, tried escaping by putting her foot on the toilet roll holder but she fell and injured herself
• Damages reduced by 25%

Question 5

Case for ‘claimants negligence may make damage worse’

Answer 5

Froom v Butcher

• Driver of car suffered greater injuries than would’ve been the case if he was wearing a seatbelt
• damages reduced by 20%

Question 6

jayes v imi

Answer 6

YOU CAN BE 100% NEGLIGENT

- lost finger, employers liable but C admitted to taking guard off

Question 7

Stinton v Stinton

Answer 7

CLAIMANT WILL BE NEGLIGENT IF HE OUGHT REASONABLY TO HAVE FORESEEN THAT IF HE DID NOT ACT AS A REASONABLY MAN, HE MIGHT HURT HIMSELF
- damages reduced by 1/3 due to accepting lift from drunk drivers and they knew he was drunk