LEGAL PRINCIPLE: TORT LAW – Negligence – Contributory Negligence – Apportionment of Damages – Principles Governing
PRINCIPLE STATEMENT
As for the measure of damages, the principle is that the measure of damages is to be apportioned according to the proportions in which the parties are responsible for the damage taking into account both causation and blame worthiness, and the amount recoverable must be reduced to such extent as the court thinks just and equitable having regard to the Plaintiff's share in the responsibility for the damage.
RATIO DECIDENDI (SOURCE)
"As for the measure of damages, the principle is that the measure of damages is to be apportioned according to the proportions in which the parties are responsible for the damage taking into account both causation and blame worthiness, and the amount recoverable must be reduced to such extent as the court thinks just and equitable having regard to the Plaintiff's share in the responsibility for the damage."
EXPLANATION / SCOPE
Damages are apportioned according to the parties’ proportionate responsibility, considering both causation and blameworthiness. The amount recoverable is reduced to the extent the court thinks just and equitable, having regard to the plaintiff’s share of responsibility. The principle is based on the Law Reform (Contributory Negligence) Act. The court assesses the relative fault of each party. The apportionment is discretionary but must be based on evidence. The reduction is from the total damages the plaintiff would have recovered if solely the defendant’s fault. The court may reduce by a percentage (e.g., 50%, 30%). The burden is on the defendant to prove the plaintiff’s contributory negligence. The apportionment must be just and equitable, not arbitrary.