ExpertEasy2 marksMultiple Choice
ACCA · Question 25 · The law of obligations
Section A
In relation to the tort of negligence, what is the effect of a successful plea of 'contributory negligence' by the defendant?
Section A
In relation to the tort of negligence, what is the effect of a successful plea of 'contributory negligence' by the defendant?
Answer options:
A.
It completely defeats the claimant's claim, resulting in no damages being awarded.
B.
It reduces the amount of damages awarded to the claimant in proportion to their own fault.
C.
It shifts the burden of proof to the claimant to prove they were not negligent.
D.
It allows the defendant to counter-sue the claimant for the full amount of the loss.
How to approach this question
Understand the difference between a complete defence (like volenti) and a partial defence (like contributory negligence).
Full Answer
B.It reduces the amount of damages awarded to the claimant in proportion to their own fault.✓ Correct
Contributory negligence is a partial defence. Under the Law Reform (Contributory Negligence) Act 1945, if the claimant's own negligence contributed to their damage, the court will reduce the damages awarded by a percentage that is 'just and equitable' having regard to the claimant's share in the responsibility.
Common mistakes
Confusing contributory negligence with volenti non fit injuria (consent), which is a complete defence.
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