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Which of the following best describes the defence of contributory negligence? a. Contributory negligence refers to an act of negligence committed by the defendant and must be claimed with an action for voluntary assumption of risk. b. If a plaintiff contributes 50% or more to the loss or damage they suffer, the defendant will not be liable for that loss or damage. c. Legislation has abolished the right of a defendant to bring evidence of the negligence of the plaintiff to avoid liability. d. If a plaintiff has contributed to his or her loss, damage or injury, the damages awarded to the plaintiff under the tort of negligence may be reduced proportionately to the contribution of the plaintiff's own negligent actions.

Question

Which of the following best describes the defence of contributory negligence?

a. Contributory negligence refers to an act of negligence committed by the defendant and must be claimed with an action for voluntary assumption of risk.

b. If a plaintiff contributes 50% or more to the loss or damage they suffer, the defendant will not be liable for that loss or damage.

c. Legislation has abolished the right of a defendant to bring evidence of the negligence of the plaintiff to avoid liability.

d. If a plaintiff has contributed to his or her loss, damage or injury, the damages awarded to the plaintiff under the tort of negligence may be reduced proportionately to the contribution of the plaintiff's own negligent actions.

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Solution

The correct answer is:

d. If a plaintiff has contributed to his or her loss, damage or injury, the damages awarded to the plaintiff under the tort of negligence may be reduced proportionately to the contribution of the plaintiff's own negligent actions.

This is the concept of contributory negligence. It recognizes that in some cases, the plaintiff may have contributed to their own harm by failing to take reasonable care for their own safety. In such cases, the damages awarded to the plaintiff can be reduced in proportion to their own contribution to the harm.

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