Contributory Negligence (OCR A-Level Law): Flashcards

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Contributory Negligence
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Contributory negligence: type of defence

Partial defence

Contributory negligence: statutory basis

Law Reform (Contributory Negligence) Act 1945

Contributory negligence: burden of proof

Defendant

Contributory negligence: 1st requirement

Claimant failed to take proper care for own safety

Contributory negligence: 2nd requirement

Failure was contributory cause of damage

Very young children & contributory negligence (Gough v Thorns)

Cannot be guilty of contributory negligence

Froom v Butcher: seatbelt damages reduction %

15-25%

Revill v Newbery: burglar's share of fault

Two-thirds responsible

Contributory negligence vs volenti: defence type

Partial vs complete

Why courts prefer contributory negligence to volenti since 1945

Fairer apportionment vs all-or-nothing outcome

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