Defences - contributory negligence - topic 16 Flashcards
1
Q
- D may raise the defence of….
A
contributory negligence.
D has to prove on the balance of probabilties.
2
Q
- The Law Reform Contributory Negligence Act 1945, S1…..
A
Provides that any damages awarded to C can be reduced according to the extent/ level C contributed to his own harm.
This means that D and C are each partly to blame for the injury C suffered.
3
Q
- D must prove that C failed to…
A
Take proper care in the circumstances for their safety.
Lack of proper care for own safety isn’t the same as breach of duty and all circumstances are taken into account including the age of a child, Gough v Thomas.
APPLY
4
Q
- D must prove…
A
The lack of proper care contributed to the harm suffered.
APPLY
5
Q
- The amount of blame for the injury is decided by…
A
The judge.
In Sayers v Harlow Urban District council a woman was trapped in a public toilet and she tried to escape by climbing into the adjacent cubicle.
Her damages were reduced by 25%.
APPLY
