A consent judgment against a defendant tortfeasor conclusively establishes that party as a tortfeasor entitled to seek contribution under s 7(1)(c) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA), and the tortfeasor from whom contribution is sought cannot defeat the claim by asserting the claimant was not in fact negligent. The majority held that where a consent judgment has been entered without reduction for contributory negligence, the amount of that judgment is the base figure for contribution and cannot be further reduced for contributory negligence in the contribution proceedings. A cleaning contractor who leaves a floor wet at a time when it is foreseeable that people will walk on it breaches its duty of care where drying the floor or cleaning at a different time are feasible and inexpensive precautions.
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