Law Reform (Contributory Negligence) Act 1945
Encyclopedia
The Law Reform Act 1945 is an Act of Parliament
of the United Kingdom, which allows a judge to apportion liability for compensatory damages as he feels to be "just and equitable" between a tortfeasor and an injured person who was partly to blame.
had held that contributory negligence
was a full defence to negligence. This rule composed what is sometimes called the "unholy trinity" of defences to negligence which wrought particular hardship on 19th century workers, and barred them from any compensation for ghastly workplace injuries (the other two are common employment
and volenti non fit injuria
). It meant that if an employer was 99% at fault for his worker being mangled in his machinery, but the worker was 1% at fault, then the worker could recover nothing in compensation for injuries. Outside the workplace, an example of the defence is found in Waite v North-Eastern Railway Co where a grandmother and an infant that were hit by a negligently driven train were barred from any claim.
The Act was passed by the new Labour government following World War II
, along with a number of other workplace safety and common law reforms (e.g., Law Reform (Personal Injuries) Act 1948
).
This common law rule subsisted longer in other countries than in the United Kingdom. An example is seen in The Wagon Mound (No 1) where the claimant conceded that a burning ship accident was unforeseeable in order to avoid the contemporary Australian contributory negligence bar.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the United Kingdom, which allows a judge to apportion liability for compensatory damages as he feels to be "just and equitable" between a tortfeasor and an injured person who was partly to blame.
Historical background
Until the Act was passed, English tort lawEnglish tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
had held that contributory negligence
Contributory negligence
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered...
was a full defence to negligence. This rule composed what is sometimes called the "unholy trinity" of defences to negligence which wrought particular hardship on 19th century workers, and barred them from any compensation for ghastly workplace injuries (the other two are common employment
Common employment
Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment".-Development:...
and volenti non fit injuria
Volenti non fit injuria
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort or delict...
). It meant that if an employer was 99% at fault for his worker being mangled in his machinery, but the worker was 1% at fault, then the worker could recover nothing in compensation for injuries. Outside the workplace, an example of the defence is found in Waite v North-Eastern Railway Co where a grandmother and an infant that were hit by a negligently driven train were barred from any claim.
The Act was passed by the new Labour government following World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, along with a number of other workplace safety and common law reforms (e.g., Law Reform (Personal Injuries) Act 1948
Law Reform (Personal Injuries) Act 1948
The Law Reform Act 1948 is an Act of the Parliament of the United Kingdom. It was passed during the Labour government of Clement Attlee. It improved the legal position of employees suffering from work-related accidents. In particular, it abolished the doctrine of common employment....
).
This common law rule subsisted longer in other countries than in the United Kingdom. An example is seen in The Wagon Mound (No 1) where the claimant conceded that a burning ship accident was unforeseeable in order to avoid the contemporary Australian contributory negligence bar.
See also
- English tort lawEnglish tort lawEnglish tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
- Misrepresentation in English lawMisrepresentation in English lawMisrepresentation in English law is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person's false assurances, then the other person will be unable to...
- Gran Gelato Ltd v Richcliff [1992] Ch 560