= Jennifer =
Active Member
is it a complete defence? some books say yes some say no 
Contributory Negligence (1 Viewer)
- Thread starter = Jennifer =
- Start date
= Jennifer =
Active Member
dw good old CLA saves the day
5S Contributory negligence can defeat
claim
In determining the extent of a reduction in damages by reason
of contributory negligence, a court may determine a
reduction of 100% if the court thinks it just and equitable
to do so, with the result that the claim for damages is
defeated.
the reason why some books said no was because of Wynbergen v Hoyts Corporation Pty Ltd (1997) 149 ALR 25 which was before CLA
5S Contributory negligence can defeat
claim
In determining the extent of a reduction in damages by reason
of contributory negligence, a court may determine a
reduction of 100% if the court thinks it just and equitable
to do so, with the result that the claim for damages is
defeated.
the reason why some books said no was because of Wynbergen v Hoyts Corporation Pty Ltd (1997) 149 ALR 25 which was before CLA