Barnes, L.-A. (2010) Contributory negligence and the child. Juridical Review, 2010(3), pp. 195-215.
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Abstract
Outlines the rules on the contributory negligence of children in personal injury cases in operation both before and after the Law Reform (Contributory Negligence) Act 1945. Discusses some of the key issues arising in respect of this concept in Scottish case law, including: (1) the determination of the child's capacity in this context; (2) the standard of care to be expected from a child with capacity; (3) whether, and to what extent, apportionment is justified; and (4) the risk of imposing an excessive standard of care on defenders and parents.
| Item Type: | Articles |
|---|---|
| Status: | Published |
| Refereed: | Yes |
| Glasgow Author(s) Enlighten ID: | Barnes Macfarlane, Dr Lesley-Anne |
| Authors: | Barnes, L.-A. |
| College/School: | College of Social Sciences > School of Law |
| Journal Name: | Juridical Review |
| Publisher: | Sweet and Maxwell |
| ISSN: | 0022-6785 |
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