LEGAL PRINCIPLE: TORT LAW – Negligence – Contributory Negligence – Effect of Successful Plea – Requires Apportionment of Blame Between Parties
PRINCIPLE STATEMENT
There is clearly no doubt at all that the effect of a successful plea of contributory negligence would be the apportionment of blame between the culprits/parties, and consequently the apportionment of liability or damages recoverable in the suit.
RATIO DECIDENDI (SOURCE)
"There is clearly no doubt at all that the effect of a successful plea of contributory negligence would be the apportionment of blame between the culprits/parties, and consequently the apportionment of liability or damages recoverable in the suit."
EXPLANATION / SCOPE
A successful plea of contributory negligence results in apportionment of blame between the parties and consequently apportionment of liability or damages. The plaintiff’s recovery is reduced by the percentage of their own fault. The defence does not bar recovery entirely but reduces it. The principle is based on the Law Reform (Contributory Negligence) Act. The court assesses the relative fault of each party. The apportionment is mandatory once contributory negligence is proved. The defendant remains liable for the portion of damage attributable to their fault. The plaintiff cannot recover for the portion caused by their own negligence. The apportionment must be just and equitable. The burden is on the defendant to prove the plaintiff’s share of responsibility.