contributory negligence

• what does section one of the law reform (contributory negligence) act 1945 state?


  Where any person suffers damage as the result partly ofhis own fault and partly of the fault of any other person...the damages recoverable in respect thereof shall be reduced to such an extent as the court thinks just and equitable having regard to the claimant’s share in theresponsibility for the damage
• What legislation governs the defence of contributory negligence?


  Law Reform (Contributory Negligence) Act 1945
• what are the three elements of contributory negligence?

  C must be negligent in relation to their own safety

  C's negligence must contribute to their damage, not the accident

  Damages are therefore reduced to reflect the C's contribution
• what is the significance of the case froom v butcher?

  it shows how if the C isnt wearing a seatbelt, the damages are reduced by 20 %
• what case shows shows how if the C isnt wearing a seatbelt, the damages are reduced by 20 % ?

  Froom v butcher
• what is the significance of the case of o'connel v jackson?

  It shows how not wearing a crash helmet reduces damages by 15 %
• what case shows how not wearing a crash helmet reduces damages by 15%?

  O connell v jackson
• what is the significance of the case of Gough v thorne?


  it shows how if a child crosses the road without looking carefully damages will not be reduced.
• what case shows how if a child crosses the road without looking carefully damages will not be reduced?


  Gough v Thorne
• What case shows standing on a revolving toilet roll holder will lead to 25 % damage reduction?

  Sayers v Harlow urban district Council
• What is the significance of the case of sayers v harlow urban district council?


  it shows standing on a revolving toilet roll holder will lead to 25 % damage reduction