Contributory Negligence

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7 Terms

1
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  1. What did the Law Reform (Contributory Negligence) Act 1945 introduce?

The Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945) introduced the partial defence of contributory negligence.

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  1. How are damages affected under this defence?

Under this defence, the claimant’s total damages will be calculated and then reduced to reflect the level of C’s responsibility.

3
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  1. How can contributory negligence occur?

It can occur in one of two ways.

4
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  1. How can contributory negligence occur in the first way?

Firstly, the claimant is partly to blame for the accident happening (Brannon v Airtours).

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  1. How can contributory negligence occur in the second way?

The claimant is not to blame for the accident but their actions made their injuries or losses worse than they should have been e.g. not wearing safety equipment (Froom v Butcher).

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  1. Is it necessary to show that C owed D a duty of care?

It is not necessary to show that C owed D a duty of care.

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  1. What must be shown regarding the claimant’s behaviour?

It does need to be shown that the claimant’s behaviour was below the standard of the reasonable person and that this behaviour contributed to the claimant’s loss.