Parcq LJ said: ‘In order to establish the defence of contributory negligence, the defendant must prove, first, that the plaintiff failed to take ‘ordinary care for himself,’ or, in other words, such care as a reasonable man would take for his own safety, and, secondly, that his failure to take care was a contributory cause of the accident. The doctrine of contributory negligence ‘cannot be based upon a breach of duty to the negligent defendant.” The onus is to be discharged on the balance of probabilities.
Judges:
Parcq LJ
Citations:
[1939] 1 KB 540
Cited by:
Cited – Smith v Finch QBD 22-Jan-2009
The claimant cyclist was severely injured in an accident when hit by a motorcyclist, the defendant. He was not wearing a cycle helmet, and the injuries were to his head. He was slowing down to turn right, and was hit a heavy glancing blow by the . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 11 May 2022; Ref: scu.463742