Search court decisions

…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.…

…He expressly found that the respondent was not guilty of any contributory negligence.…

…In other words, within the context of those findings, was there yet room for a valid finding of contributory negligence?…

…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…

…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.…

…There is no evidence to support contributory negligence either. I would allow this appeal and set aside the judgment of the High Court in dismissing the plaintiff’s claim.…