Standard of contributory negligence

Current

(1)

The principles that are applicable in determining whether a person has been negligent also apply in determining whether the person who suffered harm has been contributorily negligent in failing to take precautions against the risk of that harm.

(2)

For that purpose—

(a)

the standard of care required of the person who suffered harm is that of a reasonable person in the position of that person, and

(b)

the matter is to be determined on the basis of what that person knew or ought to have known at the time.

This Act’s bill:Explanatory memorandum Second reading speech

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5R Standard of contributory negligence