AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 23

Division 7 - Contributory negligence Standard of contributory negligence

(1)  The principles that are applicable in determining whether a person has been negligent also apply in determining whether the person who suffered harm has been contributorily negligent for the purpose of apportioning liability under section 4 of the Wrongs Act 1954 .
(2)  For the purpose of apportioning liability under section 4 of the Wrongs Act 1954  –
(a) the standard of care required of the person who suffered harm is that required of a reasonable person in the position of that person; and
(b) the matter is to be determined on the basis of what that person knew or ought to have known at the time.


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