A Negligent person is liable for the injury. But sometimes plaintiff himself contributes Negligence or when he has by his own Negligence contributed to the damages occasioned by the Negligence of the defendant. In case of Contributory negligence both plaintiff and defendant are Negligent.

Butterfield vs. Forester

The defendant has put a pale across the road. The plaintiff while riding on the horse on the road in the evening was injured. Thus, plaintiff was Negligent because he was riding horse violently. Defendant was Negligent because he put pale on the roads. In this case the plaintiff was held guilty of Contributory negligence and was not entitled for the damages.

Davis vs Mann

The doctrine of last opportunity was applied. In this case plaintiff tethered the forefeet of his donkey and allowed to move on the road. The Defendant’s servant by the Negligent driving of a wagon knocked down and killed the donkey. In this case it was held by the court that the plaintiff might have been guilty of Negligence and that Negligence might have in fact contributed to the accident, yet if the Defendant could have avoided the accident, he will be liable.

Thus above mentioned cases laid down following principles of law, namely:

1. If the event or accident is caused by the plaintiff, he shall be guilty for the Contributory negligence

2. Even if the accident is caused by the Defendant, the plaintiff can recover damages in spite of the fact that he was guilty.

 British Columbia Company vs. Loch

It was held that the party who has last opportunity of avoiding the accident shall be responsible. In this case briefly facts were that on the spot of occurrence the plaintiff was Negligent and could have avoided the accident. The court held in this case that person who could have avoided the accident would be responsible for the loss.

Present position in England:

In England the concept,” who caused accident” has been accepted. The law relating to Contributory negligence has been modified by the enactments of the parliament. The law reforms act, 1945 provides:

The plaintiff can recover damages in spite of his Negligence

 If the accident was caused by the plaintiff, he can recover damages in spite of the Defendant’s Negligence

If the accident was caused by the plaintiff and Defendant the plaintiff cannot recover damages.

The law reforms act provides that where any person suffers damages as the result of his own fault or partly of another person or persons, a claim in respect of that damages shall not be defeated by reason of the fault of the person suffering the damages 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 responsibility for the damage. Thus the enactment has not altered existing law relating to contributory Negligence.

The doctrine of Contributory negligence has been swept away by the Law reforms Act, 1945. Section 1(1) of the act provides that where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damages shall not be defeated by reason of the fault of the person suffering the damages, 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 share in the responsibility for the damage.

The act does not alter the existing law as to determining whether or not there has been Contributory negligence. It only alters the law as to the damages recoverable where Contributory negligence is established. The act provides that any defence arising under a contract is unaffected. The act is extended to the workmen’s compensation act subjected to certain conditions.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge