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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

Anil was walking along a road and was hit by Bhavna's car, which was driven negligently. Anil had been walking carelessly on the wrong side of the road, and this contributed to the accident. Under the principle of contributory negligence, the likely result is that:

Anil's damages will be reduced in proportion to his own share of fault. Contributory negligence is no longer a complete bar to recovery, so Bhavna remains liable for the part of the loss caused by her negligence.

  1. AAnil's damages are reduced in proportion to his share of faultCorrect
  2. BAnil's claim is completely barred
  3. CBhavna is fully exempt from liability
  4. DAnil receives double damages

Explanation

Under the modern rule, contributory negligence does not bar a claim but leads to apportionment, reducing the damages according to the plaintiff's share of fault. The older rule of complete bar has been departed from. Bhavna remains liable for her portion.

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