Where a plaintiff passenger has objective knowledge of a driver's intoxication, the driver's deceptive appearance of sobriety at the time of handover cannot justify a significant reduction in the assessment of contributory negligence. Differential assessments of contributory negligence as between multiple defendants are not required where the plaintiff's conduct is constant; the relative culpability of defendants is addressed through contribution between them. In a case involving extended joint alcohol consumption, an unlicensed driver with no experience of the vehicle, and a vehicle with known defects, contributory negligence of 60% was held to be just and equitable.
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