Defences - Contributory Negligence

Question 1

What is the act?

Answer 1

Law Reform (contributory negligence) Act 1945

Question 2

Partial or full defence?

Answer 2

Partial.

Question 3

How are losses allocated if successful?

Answer 3

Apportion loss between the parties, making it fairer than a complete defence - Revill v Newbery

Question 4

What does Section 1(1) of the act provide about the damages?

Answer 4

When someone suffers damage partly due to their own and due to another’s fault, the claim will not be defeated because of the fault of the person suffering damage.

Question 5

The burden of proof is on?

Answer 5

Defendant

Question 6

What does the defendant have to demonstrate? 1

Answer 6

Claimant failed to take proper care in the circumstances for their own safety. Gough v Thorne

Question 7

What does the defendant have to demonstrate? 2

Answer 7

Failure to take care was a contributory cause of the damage suffered. Includes - Failure to wear seat belt - Froom v Butcher etc

Question 8

Revill v Newbery

Answer 8

Shot a burglar. Damages were split.

Question 9

Gough v Thorne

Answer 9

13 year old hit by car. Age is taken into consideration, cannot be guilty of contributory negligence.

Question 10

Froom v Butcher

Answer 10

Failed to wear seat belt. He was liable for some of his own damages as he failed to take proper care of his own safety.