Contributory Negligence Flashcards
1
Q
Act
A
Section 1(1) of the law reform act 1945
2
Q
Type of defence
A
It is a partial defence that can reduce the amount of compensation owed
3
Q
Own safety
A
It must be proven that the C failed to take proper care in the circumstances for their own safety. The C has fallen below the standard expected of a reasonable person in that position
4
Q
Circumstances
A
The standard is variable and all circumstances are taken into account (Barrett v MOD)
5
Q
Contributory cause
A
The failure to take care must be a contributory cause to the damage suffered as opposed to causing the incident that resulted in damage. (Froom)
