SHREYASH RAJ-A039

LEGISLATION:DIVISION 7 OF LAW OF NEGLIGENCE AND LIMITATION OF

LIABILITY ACT 2008 (NI),AUSTRALIA

PRECEDENT: POPPLEWELL, J. IN SMITH V BAILEY [2014] EWHC 2569

In the case of Duffy v Centraal Beheer Achmea, the claimant applied for a further interim
payment in this case in which he was injured when he was a pedestrian hit by a car crossing a
square in Amsterdam where he was on holiday with his wife. The judgement was given in favor
of claimant and complete damages were provided. In my opinion the judgement by Her Honor
Judge COE QC is correct and apt. reason being the case clearly lacks ingredients to qualify for
the case of contributory negligence. Since damages are asserted in the plaintiff's negligence
claim against the defendant, the defendant's contributory negligence charge involves only three
elements: duty, breach, and causation. Since it is the defendant who is asserting the contributory
negligence claim, he has the burden of proving its elements. The court has observed that there
was no due care taken on the behalf of defendant and it was their duty to take necessary care and
precaution, there was clear causation of damages which were forceable in case of accident so
damages were provided accordingly in the present case in hand it is clearly visible that the
plaintiff in any manner has not contributed to the accident, and the defendant was clearly at fault
hence causing the accident due to his negligence.