In an action for injuries arising from negligence it was a complete defence at common law if the defendant proved that the plaintiff, by some negligence on his own part, directly contributed to the injury1. However, the Law Reform (Contributory Negligence) Act 19452 provides that where any person suffers damage3 as the result partly of his own fault4 and partly of the fault5 of any other person or persons6, a claim in respect of that damage is not to be defeated by reason of the fault of the person suffering the damage, but the damages recoverable7 in respect thereof
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