Commonwealth Consolidated Acts

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Reduction of the amount of loss or damage if the claimant fails to take reasonable care


                     (a)  a person (the claimant ) makes a claim under subsection 236(1) of the Australian Consumer Law in relation to economic loss, or damage to property, suffered by the claimant because of the conduct of another person; and

                     (b)  the conduct contravened section 18 of the Australian Consumer Law; and

                     (c)  the claimant suffered the loss or damage as result:

                              (i)  partly of the claimant's failure to take reasonable care; and

                             (ii)  partly of the conduct of the other person; and

                     (d)  the other person did not intend to cause the loss or damage and did not fraudulently cause the loss or damage;

the amount of the loss or damage that the claimant may recover under subsection 236(1) of the Australian Consumer Law is to be reduced to the extent to which a court thinks just and equitable having regard to the claimant's share in the responsibility for the loss or damage.

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