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  • June 8, 2016 at 1:33 pm #320840
    mysteryelzaka
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    Hi, I have a question related to Mock exam question related to torts:
    Is this true or false:
    “In the situation where the Court establishes that a plaintiff has contributed by their own actions to the damage that they have suffered, it is possible for the Court to reduce the extent of the award of damages by 100%”?

    As far as I understand, it is true; however, the test says its false.
    Extract from study text book:
    If the defendant proves that the claimant was at least partially at fault, courts will reduce the damages awarded to them by a percentage that is just and reasonable. This percentage is calculated according to what is established as the claimant’s share of the blame. This is typically in the range of 10% to 75%, however it is possible to reduce the claim by up to 100%.

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