Negligence

The Law Reform (Contributory Negligence) Act 1945 would not allow damages to be reduced by virtue of a party’s alleged contributory negligence in cases where claims were based on the tort of assault and battery. 

Insofar as there were cases since the Act that suggested that it could be used to reduce damages awarded for the torts of assault or battery in a case where it was found that the claimant was “contributorily negligent” they were unsatisfactory and could not stand with statements of principle.

That conclusion was in keeping with the purpose of the Act, as set out in s 1(1), which was to relieve claimants whose actions would previously have failed, not to reduce the damages which would have previously have been awarded to claimants.