Summary of Recent Cases – Substantive Law


DAMAGES

Contributory Negligence Of A Claimant Not Available To Defendants In Cases Of The Torts Of Assault And Battery

Co-operative Group (CWS) Ltd v. Pritchard, CA, 25/3/11

The Court of Appeal held that in cases of intentional torts of assault and battery, as a matter of law a defendant could not rely on contributory negligence on the part of the claimant so as to reduce the damages otherwise to be awarded to her. Section 1(1) of the Law Reform (Contributory Negligence) Act 1945 afforded such ‘defence’ if at common law there was a defence of contributory negligence in the case of an intentional tort. The Court of Appeal found that there was no such case before the Act was passed.

April 16, 2011 · Editorial Team · Comments Closed
Posted in: Cases