Judgment
Case law
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Division and case type: CivilCivil Appeal
…Finally, he reduced all these awards by 50% on the ground of contributory negligence by the deceased.…
…When the trial commenced the respondent’s advocate sought formal leave to amend the defence to incorporate a plea of contributory negligence on the part of the deceased.…
Division and case type: CivilCivil Appeal
…Where, as in the instant case, the issue of contributory negligence by the deceased has been raised, the court has to investigate that issue on evidence to be called by the defendant who alleges contributory negligence.…
…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…
Division and case type: CivilCivil Appeal
…There the issues arose as to whether there was any contributory negligence by the plaintiff.…
…In those circumstances it was not surprising in my view that the court absolved the plaintiff of contributory negligence because the effect of the relevant portion of the defence was that the plaintiff injured himself by…
Division and case type: CivilCivil Appeal
…circumstance is accepted in the administration of penal justice and the principle that a party blameable in part for any damage or injury he sustained, should receive diminished compensation, underlies the learning relating to contributory…
…negligence in the law of tort.…