Contributory Negligence

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