Contributory Negligence (OCR A-Level Law): Flashcards
📚Flashcards
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Practise the cards
10 cards from this deck
Contributory negligence: type of defence
Contributory negligence: type of defence
Partial defence
Contributory negligence: statutory basis
Contributory negligence: statutory basis
Law Reform (Contributory Negligence) Act 1945
Contributory negligence: burden of proof
Contributory negligence: burden of proof
Defendant
Contributory negligence: 1st requirement
Contributory negligence: 1st requirement
Claimant failed to take proper care for own safety
Contributory negligence: 2nd requirement
Contributory negligence: 2nd requirement
Failure was contributory cause of damage
Very young children & contributory negligence (Gough v Thorns)
Very young children & contributory negligence (Gough v Thorns)
Cannot be guilty of contributory negligence
Froom v Butcher: seatbelt damages reduction %
Froom v Butcher: seatbelt damages reduction %
15-25%
Revill v Newbery: burglar's share of fault
Revill v Newbery: burglar's share of fault
Two-thirds responsible
Contributory negligence vs volenti: defence type
Contributory negligence vs volenti: defence type
Partial vs complete
Why courts prefer contributory negligence to volenti since 1945
Why courts prefer contributory negligence to volenti since 1945
Fairer apportionment vs all-or-nothing outcome
