Defences to a Claim in Negligence RECAP

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Contributory Negligence

To set up a claim for contributory negligence the defendant must show that the claimants behaviour was below the standard of a reasonable man AND that this behaviour contributed to the claimants loss. 

Where the claimant is partly to blame for the accident occuring...

Brannon v Airtours: the holiday company were negligent in how they arranged the room, however the claimant was contributing to the negligence by standing on the tables 

The claimant has made his injuries worse than they should have been...

Froom v Butcher: the defendant wasn't

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