Contributory Negligence Flashcards
CN
Law Reform Act 1945 says CN is a partial defence.
Courts can apportion loss between parties, making a fairer outcome.
Law Reform Act 1945 s1(1)
Where a person suffers damage as a result partly of his own fault and partly the fault of another, a claim shall not be defeated by reason of the fault of the person suffering damage.
Case: Revill v Newberry
C shot burglar and sued for damages relating to injuries.
Held: He was ⅔ responsible for his own injuries.
CN Requirements:
1) C failed to take proper care in the circumstances for their own safety. This is not the same as ‘breach of the duty of care’. All circumstances taken into account e.g. age.
2) Failure to take care was a contributory cause of the damage suffered.
Case: Froom v Butcher:
C injured in a car accident due to D’s negligence.
C not wearing a seatbelt.
Held: Does failure to wear a seatbelt amount to CN? C’s injuries, except for a broken finger would have been prevented, Damages reduced by 20%.
Courts prefer…
Courts prefer apportion to loss between parties rather than taking an ‘all or nothing’ approach of consent.
Why do courts prefer CN rather than consent?
it makes a fairer outcome.
Who is the Burden of proof on in CN?
The Defendant
