Defence- Contributory Negligence

Question 1

What is contributory negligence

Answer 1

A claim that c contributed to harm/loss by acting unreasonably

Question 2

What type of defence is contributory negligence and what is the result of this

Answer 2

Partial defence- reduces the amount of damages the D will pay

Question 3

Where is the application of contributory negligence contained

Answer 3

Law reform (contributory negligence) act 1945

Question 4

What does the law reform (CN) act 1945 say about apportioning blame

Answer 4

• apportionment of blame must be just and equitable
• age/experience/situation determine apportionment

Question 5

What happens once the blame has been apportioned

Answer 5

The percentage in proportion to C’s blame is deduced from the final compensation award

Question 6

What are the 3 cases for contributory negligence

Answer 6

• sayers v Harlow
• Jayes v IMI
• froom v butcher

Question 7

What happened in the case of sayers v Harlow

Answer 7

C was injured due to poor maintenance but damages from D were reduced by 25% due to the way C tried to escape toilet

Question 8

What happens in the case of jayes v IMI

Answer 8

Damages were reduced by 100% as C had removed the safety guard

Question 9

What is said in the case of Froom v Butcher

Answer 9

Lord denning said:
- if there would have been damages even if C was wearing seatbelt- no reduction
- if damage would have been prevented if wearing seatbelt- 25% reduction
- if injuries would have been a lot less severe with the seatbelt on- 15% reduction