Contributory Negligence and Trespass to the Person
James Goudkamp, ‘Contributory Negligence and Trespass to the Person’ (2011) 27 Law Quarterly Review pp.518–522 (cited and discussed in McAleer v Chief Constable of the PSNI  NIQB 53 at –).
3 Pages Posted: 1 Mar 2016
Date Written: 2011
Comments on the Court of Appeal decision in Co-operative Group (CWS) Ltd v. Pritchard on whether the Law Reform (Contributory Negligence) Act 1945 permitted a reduction from a supermarket employee's full damages for the torts of assault and battery by the store manager on the ground that her behaviour, in belligerently confronting the manager after he refused consent for a day's leave, contributed to the loss. Considers whether apportionment should be available in the context of trespass to the person.
Keywords: tort, trespass, battery, provocation, comparative fault, contributory neglgience, defences, illegality, apportionment
JEL Classification: K13
Suggested Citation: Suggested Citation