Contributory negligence

This is a form of defence to a claim of negligence.

At one time contributory negligence was a complete defence and would defeat a claim brought in negligence.  It is now a partial defence and is governed by the Law Reform (Contributory Negligence) Act 1945.

The nature of the defence is to reduce the claimant's damages where he or she has contributed to his or her own harm.  Examples where this principle might be applied would include not wearing a crash helmet while riding a motorbike or failure to wear a seat belt in a motor vehicle.

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