11.   The fault of the plaintiff means an act or omission which would, apart from the Act give rise to the defence of contributory negligence.

12.   A narrow view would be that if contributory negligence was not a defence at common law, then it will not be available under the Act.

13.   The defendant raised contributory negligence as a defence, on the grounds that he had been provoked.

14.   Just as actionable negligence requires the foreseeability of harm to others, so contributory negligence requires the foreseeability of harm to oneself.

15.   In these circumstances the courts will find that the plaintiff was guilty of contributory negligence but not volens to the risk.

16.   The traditional view is that there is no age below which a child cannot be held to be guilty of contributory negligence.

17.   It was held that the plaintiff was not guilty of contributory negligence.

18.   In cases where an employee sues his employer for breach of statutory duty, the court will be slow to find that the employer was guilty of contributory negligence.

19.   The courts will hold employees liable for their contributory negligence however.

20.   If the plaintiff was thrown forwards and injured, then clearly failure to wear a seat belt is contributory negligence.