Date: Thu, 20 Sep 2007 09:56

From: Robert Stevens

Subject: Mitigation and Contributory Negligence

Neil wrote, quoting Street.

Street on Torts (12th ed) at 641: "Contributory negligence is concerned with negligence of the claimant before the cause of action has matured by the occurrence of some damage. After damage has occurred and an action in tort is vested in the claimant, he has a duty to take care to mitigate his loss".

That seems wrong on the wording of the legislation. In The Calliope [1970] P 172 Brandon J applied apportionment based upon the claimant's contributory negligence increasing the loss suffered after the accrual of the wrong.

Brandon J also accepted that in many cases the claimant's subsequent negligence will "break the chain of causation".

Rob

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