Contributory Negligence and its Defences | Civil Law for Judiciary Exams PDF Download

Introduction to Contributory Negligence

• Contributory negligence involves a situation where a person fails to fulfill their duty of care, leading to harm to another individual. It is a defense strategy often used by the accused party. This negligence typically stems from ignorance and carelessness, representing actions that a reasonable person would not commit.
• In simpler terms, negligence refers to the failure to uphold the duty of care, resulting in harm to the affected party, whether to their person or property.
• A legal claim for negligence arises when there is a breach of duty that a person of reasonable prudence would not commit, resulting in harm.
• For a negligence claim to be valid, the following conditions must be met:
  • Presence of ignorance and carelessness.
  • Breach of duty that a reasonable and prudent individual would not engage in.
  • Breach of duty recognized by the law.

Illustrations

• If a person, A, drives a car at night without headlights and accidentally injures person B, who is walking on the wrong side of the road, it can be considered contributory negligence. B should not have been on the wrong side, and A should have used headlights as any reasonable person would.
• In another scenario, if a doctor leaves a surgical tool inside a patient during an operation, it signifies negligence on the part of the doctor. This act reflects a lack of due diligence and care, which is crucial in the medical profession.

Concept of Duty to Care

• Definition of Duty to Care: The duty to care refers to the responsibility an individual has to take necessary precautions and act with caution to prevent harm or injury to others. Failure to fulfill this duty can lead to legal liability.
• Case of Donoghue v. Stevenson: In this landmark case, a woman found a decomposed snail in a bottle of ginger beer which led to her suffering from gastroenteritis. The court held the manufacturer accountable, emphasizing the duty to care before selling products to ensure the safety of consumers.
• Degree of Care: The level of care required is directly proportional to the potential harm that could result from an action or omission. Greater potential harm necessitates a higher degree of care to prevent such harm. Example: For instance, a gatekeeper who opens a railway gate without checking for an incoming train demonstrates a lack of care. If a car passing through is hit by a train due to this negligence, it highlights the importance of checking before opening the gate to prevent accidents.

Exceptions to Contributory Negligence

• The defense of contributory negligence does not apply when the defendant is legally obligated to exercise full care and diligence, making them solely liable for any resulting harm to the plaintiff.
• For instance, in a scenario where a passenger in a bus gets injured due to a faulty window, although the passenger shares some responsibility, the bus staff is primarily liable for not ensuring the safety of passengers

• This rule determines liability based on who had the final chance to prevent an accident. The party with the last opportunity is generally held responsible for negligence.
• Consider a situation where a driver recklessly approaches a dog crossing the road. If the driver had the last chance to avoid hitting the animal, they would be deemed negligent under this rule.

Conclusion

In conclusion, it is evident from the discussion that contributory negligence serves as a defense strategy employed by the defendant to argue that the plaintiff shares equal responsibility, aiming to exempt themselves from providing compensation or damages. It is essential to note that the burden of proving contributory negligence lies with the defendant.