Legal Case Analysis
Introduction
The process of legal reasoning, leading to a judgement, is influenced by both principle and policy considerations. Adherence to principles of law, in concurrence with formalist thinking, is requisite to ensuring consistency, objectivity, and hence judicial fairness. However without judicial application of policy formalism failures to ensure that judgements will be reflective of societal values. Hence a balance is needed. It is using this criterion of a right principle-policy balance that my evaluation of the judgements in Marrickville Municipal Council v Moustafa [2001] NSWCA 372 is based.
Contributory Negligence
At first instance it was held that the plaintiff's contributory negligence was forty percent, to which I disagree. In comparing the degree of culpability of the plaintiff and defendant in relation to relative fault and causal contribution, Hosking DCJ appears to have implicitly applied a lower standard of care to contributory negligence than to......
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