Page 61 - Liability Insurance IC74

Guide for Liability Insurance

he will not be held liable in negligence if his act was
not unreasonable in that difficult situation.

(v) Contributory negligence - if the plaintiff suffers
injury or damage is partly due to his own fault
reduced according to the blame attaching to the
plaintiff.

(vi) Contracting out persons can relieve themselves
or restrict their liability incorporating conditions in
the agreements entered with other parties. As long
as these conditions are not contrary to common law,
they can be raised as the defence. It is necessary
for the condition to be effectively brought to the
attention of the other party whose consent
expressed nine and are implied, is essential. For e.g,
disclaimer notice in lift - "passengers and carried at
own risk and responsibility."

(vii) Limitation - and action can be time-barred under
the provisions of the statute of limitation.

(viii) Accord and satisfaction - if the claim has been
settled by agreement and the binding discharge has
been of obtained, it cannot be reopened. Similarly,
the law does not allow sucessive actions. If

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