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Report No. 85

3.57. Position in England.-

In England, the defence of contributory negligence was abolished in 1945 for the entire field of the law of torts. Contributory negligence can no longer defeat a claim in toto, but can reduce the amount of damages recoverable by the plaintiff, in England. This reform of the law (subject to specific statutory exceptions) is applicable to the entire field of tortious liability. It is enough to quote the material statutory provision in England, which is as follows':-

"Where any person suffers damage as the result partly of his own fault and partly of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage but the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the claimant's share in the responsibility for the damage."

1. Section 1(1), Law Reform (Contributory Negligence) Act, 1945 (8 & 9 Geo. 6, C. 28).

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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