Unit 2 Negligence: Causation And Defences

Question 1

Contributory Negligence:

Answer 1

• the court, at a defendant’s request, will always consider whether the claimant’s own lack of care has contributed to their injuries,
• contributory negligence is governed by statute = the Law Reform (Contributory Negligence) Act 1945,
• there must be a link between the carelessness of the claimant and the harm the claimant has suffered.

Question 2

Rules for breaking the chain of causation (intervening acts)

Answer 2

1. An instinctive natural response will not break the chain,
2. Nor will the negligent act of a third party provided that it is foreseeable,
3. And even the deliberate act of a third party won’t break the chain, provided that is was foreseeable and that the defendant was responsible for the behaviour of the third party,
4. Finally, the claimant’s own behaviour will only break the chain if it’s unreasonable.