Obviousness of risk is not a rule or principle of negligence law but a descriptive factor relevant to breach of duty, the weight of which depends on all the circumstances and which may in some cases be effectively conclusive. When assessing contributory negligence, appropriate weight must be given to personal responsibility, including the plaintiff's deliberate decision to undertake an obvious risk when a safer alternative was available. The standard of care for contributory negligence is the same as for negligence (s 5R(1) Civil Liability Act 2002 (NSW)). Private occupiers who control access to their land and use it for commercial purposes owe a different duty from public authorities managing recreational land.
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