New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 5R
Standard of contributory negligence
5R 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 in failing to take precautions against the
risk of that harm.
(2) For that purpose:
(a) the standard of care required of
the person who suffered harm is that 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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