Contributory Negligence (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Type of defence that contributory negligence is
Type of defence that contributory negligence is
Partial defence
Act governing contributory negligence
Act governing contributory negligence
Law Reform (Contributory Negligence) Act 1945
Who bears burden of proof in contributory negligence
Who bears burden of proof in contributory negligence
Defendant
First requirement for contributory negligence defence
First requirement for contributory negligence defence
Claimant failed to take reasonable care for own safety
Second requirement for contributory negligence defence
Second requirement for contributory negligence defence
Failure was a contributory cause of damage
Effect on damages when contributory negligence applies
Effect on damages when contributory negligence applies
Reduced in proportion to claimant's contribution
Case: failure to wear seat belt reduces damages
Case: failure to wear seat belt reduces damages
Froom v Butcher (1976)
Difference between consent and contributory negligence
Difference between consent and contributory negligence
Consent is complete defence, CN is partial defence
Why courts prefer contributory negligence over consent
Why courts prefer contributory negligence over consent
Allows fairer apportionment of loss between parties
What claimant's carelessness must do to the harm
What claimant's carelessness must do to the harm
Materially contributed to it