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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Case and Legislation Notes

    Contributory Negligence and the Disabled Claimant

    Citation: [2013] Sing JLS 192
    One of the fundamental aspects of the defence of contributory negligence is that it_x000D_ is objective in nature. Thus, when assessing the question of whether a claimant's_x000D_ failure to take care of his own safety contributed to the damage which he suffered, the_x000D_ court asks what a reasonable claimantwould have done in the relevant circumstances._x000D_ The only universally accepted variation to this rule applies in the case of children, in_x000D_ relation to whom an age-appropriate albeit otherwise objective standard is imposed._x000D_ Other categories of claimants are generally judged by purely objective criteria - even_x000D_ where, as in the case of those with physical or mental disabilities, such criteria may_x000D_ be wholly unrealistic.
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