LLB102 Lecture Notes - Lecture 10: Contributory Negligence, Children Of General Hospital, No Liability
Document Summary
Defendant must prove : plaintiff was negligent, ie at fault, failed to take reasonable care, that the plaintiff"s negligence contributed to the foreseeable loss suffered. Plaintiff exhibited a want of care for their own interests. Plaintiff"s conduct is judged the same way as a defendant is judged as to whether they breached their duty of care: cla s 23 (1) Loss would have been avoided or reduced had the plaintiff taken reasonable care. Loss suffered by the plaintiff is the foreseeable consequence of their failure to exercise reasonable care. Law reform act 1995 (qld) s 10 (1) (b) The damages recoverable for the wrong are to be reduced to such extent as the court thinks just and equitable having regard to the claimant"s share in the responsibility for the damage. Compare defendant and plaintiff"s conduct to assess culpability. Cla s 4l may make finding of 100% if just and equitable. Cla presumptions of contributory negligence: ss 47 - 49.
