Contributory Negligence

Question 1

What kind of defence

Answer 1

Common law - acted as complete.
Law Reform Act 1945 - partial defence

Question 2

Burden of proof

Answer 2

On the defendant to demonstrate:
1. Claimant failed to take proper care in the circumstances for their own safety.
2. The failure to take care was a contributory cause of the damage suffered.

Question 3

1. Claimant failed to take proper care

Answer 3

(Sayer v Harlow)
The standard is variable and all circumstances are taken into account.

Children are unlikely to be found to have failed to take proper care.

Question 4

2. Contributory cause

Answer 4

Must be a contributory cause to the damage suffered as oppose to the causing the incident that resulted in damage.

(Froome v Butcher) - failed to wear seatbelt