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12 Cards in this Set
- Front
- Back
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What act governs CN |
The Law Reform (Contributory Negligence) Act 1945 |
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Definition of CN |
Any damage awarded to C can be reduced to the extent the C contributed to their own harm Spencer v Wincanton Holdings |
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What was outlined in Sayers v Harlow |
Judge will calculate full amount of damages and percentage C is responsible for and take it away |
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What must be estsblished |
The C failed to take reasonable care for their own safety The failure to take care was a contributory cause of the harm suffered |
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Badger v MOD |
C must fail to take reasonable care |
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Barrett v MOD |
Standard is variable and all circumstances are taken into account |
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Evans v Souls Garage |
Child will be compared to a reasonable child |
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Gough v Thorns |
Young child cannot be held contributorily negligence |
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Jones v Boyce |
If C acts in an emergency situation then actions are more likely to be reasonable |
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Sayers v Harlow |
Cs failure to take care must be a contributory cause |
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Smith v Finch |
If Cs actions made not difference then the outcome isn't contributory negligent |
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Examples of when it was used |
Not wearing a motorcycle helmet Oconnel v Jackson Not wearing a seat belt Froom v Butcher Accepting a lift a drunk driver Stinton Exposing oneself to danger Jones v Livox Quarries Failure to follow safety instructions Stapley v Gypsum Mines |
