Queensland Consolidated Acts
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CIVIL LIABILITY ACT 2003 - SECT 23
Standard of care in relation to contributory negligence
23 Standard of care in relation to contributory negligence
(1) The principles that are applicable in deciding whether a person has
breached a duty also apply in deciding whether the person who suffered harm
has been guilty of contributory negligence in failing to take precautions
against the risk of that harm.
(2) For that purpose—
(a) the standard of
care required of the person who suffered harm is that of a reasonable person
in the position of that person; and
(b) the matter is to be decided on the
basis of what that person knew or ought reasonably to have known at the time.
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