defences and remedies

Question 1

Which Act is contributory negligence in?

Answer 1

Under s1 the Law Reform (Contributory Negligence) Act 1945, contributory negligence operates as a partial defence whereby the courts can apportion loss between the parties.

Question 2

For contributory negligence, the burden of proof is on the defendant to demonstrate:

Answer 2

1. The claimant failed to take proper care in the circumstances for their own safety
2. The failure to take care was a contributory cause of the damage suffered