41. As the repair had been carried out negligently and the plaintiff was a consumer, the action succeeded. 42. The court therefore has the power to apportion damages where the plaintiff has been partly to blame for the harm suffered. 43. The plaintiff was an experienced workman employed by the defendant roofing contractors. 44. The plaintiff was born three months prematurely. 45. Where the plaintiff is unable to establish what the cause of his injuries was, then the action will fail. 46. The plaintiff was the stepdaughter of the deceased and had a close relationship with him. 47. The plaintiffs were tenants of a lock-up shop which they had sublet. 48. Again, presumably, the fact that the plaintiff was a consumer also affected the result. 49. Where the plaintiff is under disability, payment must be made into court. 50. The plaintiff will be at risk as to costs, if the court regards the actuarial evidence as unnecessary. |