Commentary

A1.812 Contributory negligence

Administration and compliance

A1.812 Contributory negligence

A1.812 Contributory negligence

Contributory negligence derives from the Law Reform (Contributory Negligence) Act 1945 and can provide a partial defence to a negligence claim involving a reduction in the damages awarded to reflect the fact that the claimant was also responsible for the damage caused. It is not available in a claim for breach of strict contractual duty.

It is for the defendant professional to prove that the claimant was contributorily negligent, and the standard to be expected of the claimant is what is reasonable in the circumstances and will vary depending upon the specific facts of the case, particularly in

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