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.
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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