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Defences in negligence - Coggle Diagram
Defences in negligence
Introduction
- Even if the claimant proves all elements in negligence, it may not mean that he will win the case or receive the full damages he want
- Defendant can raise defences that removes him from liability
- Defences usually raised in negligence suits are:
- Illegality
- Consent
- Contributory negligence
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Contributory negligence
- A partial defence, where claimant's damages are reduced in proportion for their relative blame for contributing to or causing their own injury
- A person is guilty of contributory negligence if he has reasonably foreseened, that he did not act as a reasonable, prudent man, he might be hurt himself; and in his reckonings he must take into account the possibility of others being careless". - Per Lord Denning in Froom v Butcher (1976)
Froom v Butcher (1976):
- Facts: Car accident was caused by D's negligence but C was not wearing a seatbelt as a result he suffered worse injury
- Held: Court applied objective SOC where a prudent person would have worn a seatbelt. So damages is reduced by 20% taking into account of C's contributory negligence
2 factors courts will consider when assessing percentage reduction in damages per Eagle v Chambers (2003)
- The relative causative potency of the actions being carried out by the parties (common sense approach applied by the courts)
- The relative blameworthiness of the parties
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