Contributory Negligence Flashcards
Structure Guidance
1
Q
What act was contributory negligence established through
A
The law reform act 1945 (LR(CN)A 1945)
2
Q
Define it
A
Partial defence which reflects C’s responsibility towards damages caused
3
Q
Explain the causation element
A
C must be partly to blame for the accident happening and their actions must make their injuries worse, for example not wearing a safety helmen
4
Q
Explain the breach element
A
It is necessary to show that C’s behaviour fell below the standards of the reasonable person and that they contributed towards the loss