LAW 1507 Lecture Notes - Lecture 7: Contributory Negligence, Headache
23 May 2018
School
Department
Course
Professor
Defences and negligence
Plantiff will need to establish
-Duty
-Breach
-Causation
-Damages
THEN Defences (In that order always)
D might say- I didt owe dut o I aused dut ut ot eah et.
Most of defenses are now partial defense.
Defences to negligence=
-Contributory negligence
-Voluntary assumption of risk (They knew of the risk)
- Illegality
Where the plaintiff failed to look after themselves. (operates to reduce the damages, can
reduce the damages to 0).
The damages are likely to be reduces due to contributory negligence or this is likely to be a
large reduction or a small reduction is likely.
❖ A failure by a person who suffers harm to exercise reasonable care and skill for his or
her own protection
Civil Liability Act 1936 (SA) s3
❖ Plaintiffs failue ust otiute to the iju (alog with the defedats
negligence)
❖ Apply s 44(1) if applicable
EXAMPLES
1-Joint cause of accident e.g. driving carelessly
2- Accepting a lift from a drunk driver
3-Failing to wear seatbelt (Automatic reduction in damages).
If a p is rock climing and due to the neglicance of instructor who carelessly kicked
equipment of the edge and hurt d below him, which caused injury. Their discussion
increased the injury.
Court would say/ do- P did not cause event of injury, failure of d to act appropitly, under
certain professional standards d should not have left equipment and kicked it of. They
theefoe eahed. Daages= p we will pa fo headahe eause thats all p would of got
if they wearing helmet. Rather than paying for full costs.
The =s alulatig daages
Step 1: Calculate damages plaintiff would be entitled to in the absence of contributory
negligence (s50(2) CLA)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
D might say- i did(cid:374)(cid:859)t owe dut(cid:455) o(cid:396) i (cid:272)aused dut(cid:455) (cid:271)ut (cid:374)ot (cid:271)(cid:396)ea(cid:272)h et(cid:272). Voluntary assumption of risk (they knew of the risk) Where the plaintiff failed to look after themselves. (operates to reduce the damages, can reduce the damages to 0). The damages are likely to be reduces due to contributory negligence or this is likely to be a large reduction or a small reduction is likely. A failure by a person who suffers harm to exercise reasonable care and skill for his or her own protection. Plaintiff(cid:859)s failu(cid:396)e (cid:373)ust (cid:272)o(cid:374)t(cid:396)i(cid:271)ute to the i(cid:374)ju(cid:396)(cid:455) (alo(cid:374)g with the defe(cid:374)da(cid:374)t(cid:859)s negligence) 2- accepting a lift from a drunk driver. 3-failing to wear seatbelt (automatic reduction in damages). If a p is rock climing and due to the neglicance of instructor who carelessly kicked equipment of the edge and hurt d below him, which caused injury.
