LAW203 Lecture Notes - Lecture 13: Contributory Negligence, Seat Belt, No Liability
15 Mar 2020
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Defences: contributory negligence, volenti non fit injuria, illegality see cla s 54. Defences only become relevant once liability established. Onus on def to prove on bal of probs cf traverse prior to liability undermine pl"s case. Facts - pl injured in car accident def admitted liability but argued pl"s injuries mainly due to failure to wear seat belt ie contrib. neg. Neglig depends on duty contrib. neg no duty. Contributory negligence is a man"s carelessness in looking after his own safety". Ought reasonably to have foreseen that if did not act as reasonably prudent man, might hurt self". Causation cause of accident not relevant. Damage caused partly by neglig driving & partly by no seatbelt. Damages reduced by extent court thinks just & equitable". Depends on whether damage could have been lessened or avoided by pl"s conduct (seat belt) But neglig driver must bear greater share of blame accident prime cause" of whole damage.
