Jersey Post v Chartier [2007] JLR 187 (19 March 2007)
The deduction for contributory negligence under the relevant statute is a matter of impression for the trial court, and appellate courts should not interfere unless the assessment is plainly wrong.
- Citation
- [2007] JLR 187
- Parties
- Claimant: Jersey Post; Defendant: Chartier
- Jurisdiction
- Jersey
- Judgment Date
- 19 March 2007
- Procedural Posture
- Tort Negligence / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Contributory Negligence, Calculation of Deduction
Case Brief
Summary, issues, holding and outcome
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Parties
Jersey Post
Claimant
Chartier
Defendant
Procedural Posture
Tort Negligence / Appeal
Legal Issues
- 1 How should the 'just and equitable' deduction for contributory negligence be calculated under Law Reform (Miscellaneous Provisions) (Jersey) Law 1960, art. 4(1)?
- 2 What is the standard for appellate interference with the trial court's assessment of contributory negligence?
Ratio Decidendi
The deduction for contributory negligence under the relevant statute is a matter of impression for the trial court, and appellate courts should not interfere unless the assessment is plainly wrong.
Court Disposition
appeal dismissed
Full Case Text
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