Remedies - contributory negligence

Question 1

Forsikringsaktieselskapet Vesta v Butcher [1988]

contributory negligence and contract damages

Answer 1

Plaintiff’s claim for damages was to be reduced by reason of contributory negligence by the proportion of the loss for which he was responsible.

Question 2

Barclays Bank v Fairclough Building Ltd (No 1) [1995]

contributory negligence and contract damages

Answer 2

Contributory negligence does not reduce contractual damages in circumstances where the defendant is in breach of a strict contractual clause