LLB102 Lecture Notes - Lecture 10: Contributory Negligence, Children Of General Hospital, Reasonable Person
Document Summary
Defences: contributory negligence, valenti non fit injuria, specific provisions of civil liability act 2003, joint illegal activity. Note: parties may be in a contractual relationship where there"s an exclusion clause, time limitation period expired. "the damages are to be reduced to such extent as the court thinks just and equitable having regard to the claimant"s responsibility for the damage: compare d and p"s conduct to assess culpability (pennington v. Norris: e. g. if court finds plaintiff is 20% responsible, the damages they receive will be reduced by 20, civil liability act s 24, plaintiff may be 100% responsible = claim in negligence is defeated, no successful cases yet. Presumptions of cn: civil liability act sections ss 47, 48, Intoxicated plaintiff: presumed plaintiff was contributory negligent, presumption may be rebutted if (s 47 (3)): Intoxication didn"t contribute to breach of duty: was not self-induced. If not rebutted, reduction in damages of a minimum of.
