77. Contributory negligence not dependent on the duty of care.

77.     Contributory negligence not dependent on the duty of care.

The existence of contributory negligence does not depend on any duty owed by the claimant to the defendant1 and all that is necessary to establish a plea of contributory negligence is for the defendant to prove that the claimant did not in his own interest take reasonable care of himself and contributed by this want of care to his own injury2.