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Negligence
Defences
Contributory Negligence
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Liam
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Cards (8)
What type of defence is CN?
Partial
What Act tells us CN is a partial defence?
Law Reform
(
Contributory Negligence
) Act
1945
What two elements must be established by the defendant for CN?
1 . C's
contributed
to
harm
/
damage
2 .
Damage
was
reasonably foreseeable
How will the damages be adjusted when the court finds fault on part of the C?
By the
same percentage
of
fault
Which case shows the C. being partly to blame for the incident occurring in the first place?
Brannan
Which case shows the C's conduct making the injuries/losses worse than they would've been?
Froom
What does the case of Brennan show?
C. is
partly
to
blame
for the
incident
occurring
in the
first place
What does the case of Froom show?
C's
conduct
made the
injuries
or
losses
worse
than
they would've been