LAW1113 Lecture Notes - Lecture 10: Contributory Negligence, 8 Mm Video Format, Paraplegia
4 Nov 2018
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Video 3: contributory negligence - failure to take reasonable care (sudden emergencies: matters relevant to the reasonable person standard. Justice gibbs: the doctrine of alternative damage isn"t limited to plaintiff"s actions and can apply where the plaintiff acted to avoid mere inconvenience. Important to weigh the level of inconvenience and the degree of risk: more likely that the plaintiff had adhered to the reasonable person standard in this case and therefore more likely that contributory negligence not made out. Video 4: contributory negligence - failure to take reasonable care (anticipation of other people"s negligence: anticipation of other people"s negligence. Is a plaintiff who accepts a lift with a drunk driver is contributorily negligent: case: banovic v perkovic. It is enough if her negligence contributed to the harm she suffered as a result of the accident: case: froom v butcher. Issue whether the plaintiff"s failure to wear a seatbelt amounted to contributory nelgligence.
