ACCA LW · Chapter 5 · Question 8 of 11
A claimant was injured partly through the defendant's negligence and partly through failing to wear a seat belt. Under the Law Reform (Contributory Negligence) Act 1945, what is the effect of the claimant's fault?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) The damages are reduced to the extent the court thinks just and equitable having regard to the claimant's share of responsibility
Explanation
Contributory negligence is a partial defence. Under the 1945 Act damages are reduced in proportion to the claimant's share of responsibility for the damage. It no longer operates as a complete defence. A complete defence would be volenti non fit injuria, where the claimant voluntarily accepted the risk.
More The law of torts and professional negligence MCQs
- Q10An investor bought shares in a company relying on audited accounts that negligently overstated profits, and suffered a loss. Applying…
- Q11In which situation does the doctrine of res ipsa loquitur most commonly assist a claimant in negligence?
- Q1Which case established the 'neighbour principle' as the foundation of the modern law of negligence?
- Q2In novel situations, the courts have used the three-stage test from Caparo Industries v Dickman to determine whether a duty of care…
- Q3A cricket ball was hit out of a ground and injured a passer-by. Balls had left the ground only a handful of times in many years. In Bolton…