Contributory Negligence

Definition

Where both parties are partly responsible for the damage (Sayers v Harlow)

Step 1

Nature and Effect

Jones v Livox (Step 1)

Did the behavior of the claimant mean harm was rf?

Step 2 - s.1(1) Law Reform (Contributory Negligence) Act 1945

Where the damage is partly the claimants fault, the damages shall be reduced to what the courts think is just and equitable

Step 2 (Froom v Butcher)

No difference 0%, lessened severity 15%, prevented injury 25%

Step 3

Standard of care test - Did C meet the standard of the RP engaged in that activity?

Gough v Thorne (Step 3)

R child of C's age?

Jones v Boyce (Step 3)

Claimant can make mistakes if reasonable

Step 4

CN if C knows drive is drunk (Owens v Brimmel)

Step 5

Can be multiple contributors (Fitzgerald v Lane)