Defence - Contributory Negligence

Question 1

Froom v Butcher

Answer 1

A man is guilty of contributory negligence if he ought to have foreseen that, if he did not act as a reasonably prudent man, he might hurt himself.

Question 2

Jones v Livox Quarries

Answer 2

Contributory negligence depends on foreseeability of harm to oneself.

Question 3

Westwood v Post Office

Answer 3

Claimant entered door marked “do not enter” and fell through trap door, no contributory negligence as it was not foreseeable.

Question 4

Grant v Sun Shipping

Answer 4

Claimant was entitled to presume that a hatchway would be closed, no contributory negligence.

Question 5

Capps v Miller

Answer 5

17 year old riding moped at night was hit be a drunk driver, was wearing helmet but hadn’t fastened straps, was contributory negligence.

Question 6

Russell v Smith

Answer 6

10 year old cyclist was 3/4 responsible for an incident, had his damages reduced to 50% to reflect his share of the blame.