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Legal Terms - contributory negligence
A person's disregard for his own interests or safety, which materially adds to the harm he suffers from a combination of his own fault and that of another person or people. Contributory negligence in highway accidents thus frequently takes the form of reckless driving, knowing that a motorist is intoxicated, and failing to use a seat belt. The Law Reform (Contributory Negligence) Act 1945 bestowed a broad authority for damages allocation. Contributory negligence has the effect of lowering the claimant's damages by an amount determined by the court to be just and equitable. The defense is most frequently used in cases involving negligence, although it can also be used to defend against other torts, including as nuisance, the Rylands v. Fletcher rule, breach of statutory duty, and the Animals Act of 1971.
In certain cases, contributory negligence may also serve as a defense for claims of contract violations. The Torts (Interference with Goods) Act of 1977 states that it is not a defense against *conversion or intentional trespassing onto goods.
A person's disregard for his own interests or safety, which materially adds to the harm he suffers from a combination of his own fault and that of another person or people. Contributory negligence in highway accidents thus frequently takes the form of reckless driving, knowing that a motorist is intoxicated, and failing to use a seat belt. The Law Reform (Contributory Negligence) Act 1945 bestowed a broad authority for damages allocation. Contributory negligence has the effect of lowering the claimant's damages by an amount determined by the court to be just and equitable. The defense is most frequently used in cases involving negligence, although it can also be used to defend against other torts, including as nuisance, the Rylands v. Fletcher rule, breach of statutory duty, and the Animals Act of 1971.
In certain cases, contributory negligence may also serve as a defense for claims of contract violations. The Torts (Interference with Goods) Act of 1977 states that it is not a defense against *conversion or intentional trespassing onto goods.
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