Principle

TORT LAW – Negligence – Contributory Negligence – Burden and Standard of Proof – Whether May Be Inferred from Plaintiff’s Own Evidence

Area of law
TORT LAW
Court
Supreme Court

The burden of proving contributory negligence rests on the defendant. Proof may be inferred from the plaintiff's own evidence or from facts on a balance of probabilities. The defendant need not adduce independent evidence if the plaintiff's testimony reveals contributory conduct. The standard is the…

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