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Contributory Negligence

Until 1945 it was a complete defence to a claim of negligence that the claimant was himself to blame, even slightly, for the loss or damage he suffered. As a result, a person who was badly and obviously wronged could end up losing out completely in bringing a claim. The Law Reform (Contributory Negligence) Act (1945) eliminates the defence of contributory negligence, and in its place gives the courts the power to reduce the award of damages in proportion to the claimant's share of the blame. For example in cases where no seat belt is worn by a person suffering facial injuries in a car accident, the courts have the power to reduce damages by up to 25%. This is known as contributory negligence.