单词 | contributory negligence |
释义 | contributory negligence contributory negligence lack of care by a plaintiff for his own safe- ty. (In the USA the term comparative negligence is sometimes used.) Before the Law Reform (Contributory Negligence) Act 1945, NEGLI- GENCE on the part of the party suing was a complete defence, how- ever insignificant it was in the whole picture. The Act allowed a pro- portion of the damages to be reduced to reflect the plaintiff's fault. In England it applies to certain contractual claims: Forsikringsak- tieselskapet Vesta v. Butcher [1986] 2 All ER 488.In Canada it has been accepted as a defence to a negligent mis- statement case: Grand Restaurants of Canada Ltd v. Toronto (1981) 123 DLR (3d) 349. Children can be held to be contributorily negligent. |
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