A finding of contributory negligence based on a plaintiff having earlier travelled in the opposite direction on the same road requires evidence that the hazard was visible from that direction; the mere fact of prior travel is insufficient. An insurance clause in a minor works contract (AS4305 cl 10) requiring the contractor to effect public liability insurance covering the principal's liabilities to third parties is not limited to liabilities caused solely by the contractor's negligence, and extends to the principal's liability where both parties contributed to the loss. The apportionment of liability between multiple tortfeasors will not be disturbed on appeal unless shown to be unreasonable or plainly unjust.
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