Contributory Negligence:
Key:
- Partial Defence;
- Contained in Law Reform (Contributory Negligence)
Act 1945
- Courts apportion the loss (Revill v Newbury)
Definition from s(1)(1) – “where a person suffers damage as a result partly of his own fault and partly
the fault of another, a claim shall not be defeated by reason of the fault of the person suffering damage”
Steps:
1. C must fail to take proper care in the circumstances for their safety (Gough v Thorns);
2. Failure must be a contributory cause of damage (Froom v Butcher)
Key:
- Partial Defence;
- Contained in Law Reform (Contributory Negligence)
Act 1945
- Courts apportion the loss (Revill v Newbury)
Definition from s(1)(1) – “where a person suffers damage as a result partly of his own fault and partly
the fault of another, a claim shall not be defeated by reason of the fault of the person suffering damage”
Steps:
1. C must fail to take proper care in the circumstances for their safety (Gough v Thorns);
2. Failure must be a contributory cause of damage (Froom v Butcher)
