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Following a civil law case regarding an injury caused to a cyclist, the defendant was found...

Following a civil law case regarding an injury caused to a cyclist, the defendant was found liable, however the award was reduced by 50% due to the culpability of the claimant.What is this an example of?

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Answer #1

This is an example for Contributory Negligence. It is sometimes refered to case of partial fault. It routes from the concept of "Fair and Equity".

The facts areas similar to the case of Smith vs Russel where the compensation was reduced to 50% where pedestrian was also held partially liable for the accident with the cyclist. In the given case, claimant was culpable and held partially responsible along with the defendant. Accordingly the claim compensation was reduced.

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