Law Reform (Contributory Negligence) Act 1945

Rezumat

The Law Reform (Contributory Negligence) Act 1945 is one of the most practically important statutes in English tort law. Before its enactment, contributory negligence by the claimant was a complete defence at common law: if the claimant's own carelessness was any cause of the damage they suffered, their claim failed entirely, regardless of how much more blameworthy the defendant was. This all-or-nothing rule had produced harsh results recognised by courts and commentators alike. The 1945 Act, which followed earlier reforms in admiralty law under the Maritime Conventions Act 1911, abolished the complete bar and replaced it with apportionment. Section 1(1) 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 damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage. The court must (s.1(2)) find both the full damages and the proportion of reduction. 'Fault' is defined in section 4 as negligence, breach of statutory duty, or other act or omission which gives rise to a liability in tort or would, apart from the Act, give rise to the defence of contributory negligence. The Act has been applied across negligence, nuisance, breach of statutory duty, and some occupiers' liability claims. Whether it applies to breach of contract depends on whether the defendant's breach also gives rise to a concurrent duty in tort: Forsikringsaktieselskapet Vesta v Butcher [1989].

Puncte cheie

• Apportionment replaces complete bar (s.1(1)) — where damage is caused partly by the fault of the claimant and partly by the fault of any other person, the claim is not defeated but damages are reduced to the extent the court thinks just and equitable having regard to the claimant's share in the responsibility
• Recording requirement (s.1(2)) — if the claimant's contributory negligence is established, the court must find the total damages that would have been recoverable but for the contributory negligence, and state the extent of the reduction; this produces the apportioned award
• Definition of 'fault' (s.4) — fault means negligence, breach of statutory duty, or other act or omission which gives rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence; this broad definition encompasses most tortious conduct
• Standard of care — the standard applicable to the claimant is objective negligence; courts have recognised that in some contexts (e.g. contributory negligence of children, emergency situations) a reduced standard applies: Jones v Livox Quarries Ltd [1952]
• Scope in contract — the Act applies to a claim for breach of contract only if the defendant's breach also constitutes a breach of a duty of care in tort: Forsikringsaktieselskapet Vesta v Butcher [1989] AC 852; in pure contract claims without a concurrent tortious duty, contributory negligence remains irrelevant
• Scope does not extend to intentional torts — contributory negligence is not a defence to a claim in deceit or a claim for an intentional tort; the Act does not apply where the defendant deliberately injured the claimant: Standard Chartered Bank v Pakistan National Shipping Corp [2003] 1 AC 959
• Apportionment can reach 100% — in exceptional cases the court may find that the claimant was 100% contributorily negligent, reducing damages to nil; this achieves the same result as the old rule but on apportionment grounds rather than as a complete defence: Pitts v Hunt [1991]
• Last opportunity rule abolished — the pre-Act doctrine of the last opportunity, under which liability was attributed entirely to whichever party had the last chance to avoid the accident, was abolished; courts now assess the broad causative potency and blameworthiness of each party

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