Contributory Negligence

• 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:

  1. The claimant failed to take proper care
  2. 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.