LAWS1061 Chapter Notes - Chapter 13: Seat Belt, Edith Cowan University, Contributory Negligence
Document Summary
Contributory negligence occurs when the plaintiff"s own negligence contributed to its own injuries. [1] whilst contributory negligence used to be a complete defence to negligence, it now only reduces the damages recoverable by the plaintiff. To establish contributory negligence, the same test is applied as to establishing normal negligence. [4] "reasonableness" is also measured subjectively, according to what this specific person knew or ought to have known at the time. [5: the standard of care will not be breached if the plaintiff acted reasonably "in the agony of the moment". Weigh up risk taken by the plaintiff"s action against degree of danger caused by the defendant. [6: the standard of care may be breached for failing to anticipate the negligence of others, in cases where the reasonable man would be likely to guard against such negligence. [7: the standard of care may be mandated by statutory safety requirements or community standards, special rules apply to intoxication.
