contributory negligence

Question 1

Part 1

Answer 1

D could use the defence of contributory negligence under section 1(1) of the law reform act 1945. It’s a partial defence that can reduce the compensation owed by the defendant

Question 2

Part 2

Answer 2

Firstly, it must be proven that the claimant failed to take proper care in the circumstances for their own safety. They must’ve fallen below the expected standard of a reasonable person in the same position

Question 3

Part 2.1

Answer 3

The standard is variable and all circumstances are taken into account. As in Barrett v MOD, it was held that his excessive drinking lead to his death. Children are unlikely to be found to have failed to take proper care as in Gough v Thorns

Question 4

Part 3

Answer 4

secondly it must be proven that the failure to take care was a contributory cause to the damage suffered

Question 5

Part 3.1

Answer 5

this means a failure to take care must be a contributory cause to the damage suffered as opposed to causing the incident that resulted in the damage as in froom v butcher.