Damages in contributory neglgience

Question 1

authority for contributory negligence

Answer 1

• s1, law reform contributory negligence act 1945
• court can give apportionment of liability between two parties where each party has been at fault in causing the relevant loss

Question 2

requirements for fault

Answer 2

• fault of GP must be actionable in tort

- fault of IP doesn’t have to be actionable

Question 3

Where doesnt CN apply?

Answer 3

• where GP is sued for breach of a strict liability obligation
• for example s14(2) SAG (unsatisfactory quality)
• no interest in how the seller came to that fault, all that matters is that they are in breach