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OCR Tort Law
Defences
Contributory Negligence
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Cards (7)
Contributory Negligence comes under
The Law Reform
(
Contributory
Negligence
)
Act
1945.
Contributory Negligence is a
partial
defence.
Revill
v
Newbery
The
burden
of proof is on the
defendant.
Contributory
negligence has two elements:
The claimant failed to take
proper care
The failure was a
contributory cause
Failure to take proper care is not the same as "
breach
" and all circumstances should be taken into account, like the
age
of the claimant.
Gough
v
Thorns
The failure to take care must be a
contributory
cause for the
damage
suffered. For example, not wearing a
seatbelt.
Froom
v
Butcher
Other contributory factors can include:
Failing to wear a helmet -
O'Connell
v
Jackson
Failing to fasten the helmet -
Capps
v
Miller
Inappropriate use of a vehicle -
Davis
v
Swan
Motor
Co
Suicide -
Reeves
v
Commissioner
of Police of the
Metropolis
Failing to follow safety instructions -
Stapley
v
Gypsum
Mines.