Case Study Of Contributory Negligence
I. INTRODUCTION
In law of torts, there are many defences which the defendant can use against the plaintiff, when sued for specific torts. Negligence which is one of the most important tort has mainly three defences, namely, a) Contributory Negligence, b) Volenti fit non injuria, c) Ex turpi causa non oritur action. Of these three, I will be discussing Contributory Negligence as defence against the plaintiff.
II. NEGLIGENCE
An introduction to Negligence will give a better understanding to Contributory Negligence. “Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those consideration which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would do.” It means a failure to behave with the level of certain care, which a man of ordinary prudence would act in the same circumstances or breach of an obligation. It is usually constituted by actions or omissions when there is a
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It is applied in cases where the plaintiff has contributed to the harm suffered due to negligence of the defendant. For example a pedestrian who jumps on to the street to cross, is hit a by the defendants car, it is partly the plaintiff responsibility to use the zebra crossing and to see if any car is speeding towards. Hence the defence of Contributory Negligence can be applied. Similarly if A is going on the wrong side of the road and is hit by a vehicle coming from the opposite direction and driven rashly by B, A can be met by a defence of Contributory Negligence.
To be guilty of contributory negligence the plaintiff must not have acted like a prudent man, if in case has acted like how a prudent man would have in the same situation, he will not be liable.
When the Plaintiff is negligent, but his negligence hasn’t contributed to the harm caused by the defendant he cannot be liable for contributory
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