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Civil Law (Wrongs) Act 2002
104Claims by third parties—contributory negligence
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104 Claims by third parties—contributory negligence
(a) a person (the first person) suffers damage partly because of the
first person’s failure to take reasonable care (contributory
negligence) and partly because of someone else’s wrong; and
(b) because of the damage to the first person a third person suffers
damage.
(2) In an action by the third person, the contributory negligence of the
first person must be taken into account under section 102
(Apportionment of liability—contributory negligence) in reducing
the damages recoverable by the third person for the damage as if the
contributory negligence were a failure by the third person to take
reasonable care.
Contributory negligence Part 7.3