T/contribuitory negligance

Question 1

Intro ?

Answer 1

However the d could use contributory negligance under section 1(1) of the law reform act 1945
-it is partial defence that can reduce the compensation owed by the defendant

Question 2

Must be proven the claiment failed to take proper care for their own saftey ?

Answer 2

-the claiment failed to take proper care for there saftey
-This means the c must have fallen down below the standard expected of a reasonable person in his postion
-The standard is variable and all circumstances are taken into account
-In (barret v MOD) it was held that barrett had contributed to his death by excessively drinking
-However children are unlikley to fail to take proper care
-As in gough v thorns the 13 year old girl had acted reasonably

Question 3

failure to take care ?

Answer 3

-This means thay the failure to take care must be a contributory cause to the damage suffered as opposed to causing the incedent that resulted in damage
-For example in (Froom v butcher) failure to wear a seatbelt contributes to his injurys
-and exposing oneself to danger as in (davies v swan motor)

Question 4

outro ?

Answer 4

Therefore d can/cannot use the defence of contributory negligance