Contributory Negligence definition

Contributory Negligence means a failure by a person who suffersharm to exercise reasonable care and skill for his or her own protection or for the protection of his or her own interests;
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Contributory Negligence means the failure by You to act carefully or thoughtfully and which, in the opinion of the comprehensive motor vehicle insurer, contributed to the damage to Your Vehicle resulting in a Total Loss. Examples of failing to act carefully or thoughtfully include driving carelessly or driving without using a seatbelt.
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Contributory Negligence means some act or omission by the injured person which constituted a fault, in that it was blameworthy failure to take reasonable care for his or her own safety and which has materially contributed to the damage caused”.
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Examples of Contributory Negligence in a sentence

  • The Contributory Negligence Act retained joint and several liability, but made adjustments in cases where one or more of the defendants is unable to pay its share of the total amount (judgement).Each of the parties at fault, including the plaintiff if contributorily negligent, will still have to pay a share of the judgement based on their degree of fault.

  • Apportionment of liability not possible in instances of breach of a strict contractual duty The recent case of ANZ Bank NZ Ltd v Frost & Sutcliffe [2014] NZHC 1640 serves as a reminder that the right to apportion liability in cases of contributory negligence under section 3(1) of the Contributory Negligence Act 1947 does not apply in cases of a breach of a strict contractual duty.

  • The Court disagreed and concluded that, where a contracting party has placed an explicit and strict obligation on a professional adviser to carry out particular tasks, that strict contractual obligation cannot be compromised by the Contributory Negligence Act 1947 or by any analogous apportionment.

  • To the maximum extent permitted by law, the operation of any law (including without limitation the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA)) which imposes or provides for a scheme of proportionate liability or apportioning liability between concurrent wrongdoers is excluded from the Contract and cannot be relied upon by either party to the Contract.

  • NEGLIGENCE Comparative Fault / Contributory Negligence A) Modified comparative negligence.

  • The Law Reform (Contributory Negligence) Act 1945 now provides that such claims need not fail; damages can simply be reduced in accordance with the complainant’s own degree of fault.

  • MODULE-III: Specific Tortsa) Defamation- Libel, Slander including Defenses in an action for Defamation.b) Negligence including Contributory Negligence and other defenses.c) Nuisance.d) Assault, Battery and mayhem.e) False imprisonment and malicious prosecution.f) Nervous Shock.g) Trespass to Person and Property.h) Domestic Violence as a crime and tort.

  • The operation of Part IVAA (Proportionate Liability) of the Wrongs Act 1958 (Vic) and Part 3 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) are excluded in relation to all and any rights of either party under this Agreement, whether such rights are sought to be enforced in contract, tort or otherwise.

  • It proceeds, not by way of a free-standing provision, but by amendment to the Scotland-only provisions of the Law Reform (Contributory Negligence) Act 1945, the wording of which has been generally understood to mean that the defence of contributory negligence is only available in breach of contract cases where the defending contract-breaker's liability in contract is the same as its negligence liability in delict, independently of the existence of any contract.

  • Law Reform (Tort Feasors Contribution Contributory Negligence and Division of Chattels) Act 1952 (Qld) Workcover Queensland Act 1996 (Qld) s.


More Definitions of Contributory Negligence

Contributory Negligence means such negligence to which the ‘plaintiff’ and also the ‘defendant’ contribute. The ‘plaintiff’ and the ‘defendant’ are both responsible for such negligence. But it is to be found out who is more responsible for the harm caused by such negligence.
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Contributory Negligence means the Negligence of a Patron which is a contributing cause and which cooperates with the Negligence of the defendant in causing the Patron’s Injury.
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Contributory Negligence means a failure by a person who suffers harm to take reasonable care for his or her own protection or the protection of his or her own interests;
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Contributory Negligence means that participants and users are also expected to exercise reasonable care.
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Contributory Negligence means the negligence of a plaintiff which is a contributing cause that cooperates with the negligence of the defendant in causing the plaintiff's injury.
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Related to Contributory Negligence

  • Negligence means the failure to exercise "Reasonable Care".

  • contributory means a person liable to contribute towards the assets of the company in the event of its being wound up.

  • Misconduct means the commission of any act of fraud, embezzlement or dishonesty by the Optionee or Participant, any unauthorized use or disclosure by such person of confidential information or trade secrets of the Corporation (or any Parent or Subsidiary), or any other intentional misconduct by such person adversely affecting the business or affairs of the Corporation (or any Parent or Subsidiary) in a material manner. The foregoing definition shall not in any way preclude or restrict the right of the Corporation (or any Parent or Subsidiary) to discharge or dismiss any Optionee, Participant or other person in the Service of the Corporation (or any Parent or Subsidiary) for any other acts or omissions, but such other acts or omissions shall not be deemed, for purposes of the Plan, to constitute grounds for termination for Misconduct.

  • Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Willful Misconduct means any act or failure to act with an intentional disregard of any provision of this Agreement, which a party knew or should have known if it was acting as a reasonable person, which would result in injury, damage to life, personal safety, real property, harmful consequences to the other party, but shall not include any error of judgment or mistake made in good faith.

  • Gross Negligence means any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property.

  • Wilful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

  • Product Liability means any liability, claim or expense, including but not limited to attorneys’ fees and medical expenses, arising in whole or in part out of a breach of any express or implied product warranty by the Company, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall, or any other allegation of liability arising from the design, testing, manufacture, packaging, labeling (including instructions for use), or sale of products.

  • Research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion. As used in this definition, (i) “fabrication” means making up data or results and recording or reporting them; (ii) “falsification” means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record; and (iii) “plagiarism” means the appropriation of another person’s ideas, processes, results, or words without giving appropriate credit.

  • Willful means any act or omission by the Executive that was in good faith and with a reasonable belief that the action or omission was in the best interests of the Company or its affiliates. Any act or omission based upon authority given pursuant to a duly adopted Board resolution, or, upon the instructions of any senior officer of the Company, or based upon the advice of counsel for the Company will be conclusively presumed to be taken or omitted by the Executive in good faith and in the best interests of the Company and/or its affiliates.

  • Professional Misconduct means conduct inconsistent with the Act, this By-law, the Rules of Professional Conduct or the Standards and Guidelines of Practice that poses or may pose a risk of harm or loss to any person;

  • Fraud means any offence under laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.

  • Official misconduct means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Academic Misconduct means an act described in s. UWS 14.03.

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Products Liability means:Your legal liability in respect of Personal Injury and/or Property Damage caused by or arising out of any Products or the reliance upon a representation or warranty made at any time with respect to such products; but only where such Personal Injury and/or Property Damage occurs away from premises owned or leased by or rented to You and after physical possession of such products has been relinquished to others.

  • Product Liabilities means all claims, Liabilities and Proceedings related to or arising from actual or alleged harm, injury, damage or death to persons, animals, property or business, irrespective of the legal theory asserted, and resulting from or alleged to result from the use, sale or manufacture of the Products.

  • Gross Misconduct means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious Contractor in the same position and under the same circumstance would have followed.

  • Wilful Default means a deliberate act or omission which will result in (and can reasonably be expected to have been intended to result in) a breach of this Agreement and which, as soon as practicable, but in any event within 30 days after written notice (particularising the alleged breach) is given to the party alleged to be in default, is not either:

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Serious Misconduct means any misconduct identified as a ground for termination in the Motorola Code of Business Conduct, or the human resources policies, or other written policies or procedures.

  • Contributory drainage area means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

  • Recklessly means that a person acts or fails to act with respect to a material element of a public offense, when the person is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the act or omission. The risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.

  • Homelessness or "homeless" means a condition where an