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Contributory Negligence - A Defence?

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CONTRIBUTORY NEGLIGENCE

The concept of contributory negligence is very important. 

If you are in a car accident and the other driver sues you for the repairs, you might want to say "Yes, I am partially responsible, but SO ARE YOU". 

This is where the Contributory Negligence Act 1947 comes into play.

Any Court can decide on a percentage basis who was to blame and apportion liability between the parties.  That is just common sense, but is also the common law as well as the subject of a short Act of Parliament.

Let us say that your damages cost $2000 amd the other driver's damages were $5000.  A Court might say, after hearing all the evidence, that you were 75% to blame and the other driver was only 25%.   You would therefore pay 75% of his $5000 but he would pay you 25% of your $2000.  

A simple arithmetical balance would be done before anyone signed a cheque.

Here is a direct link to the Act . . .

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

The first part of Section 3 says it all . . . .

"(1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages

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