Low v Duncan

Personal Injury – Liability – Contributory negligence. Court of Session: In an action in which the pursuer sued as the guardian of a pedestrian who was injured in a road traffic accident after a car driven by the defender struck him, and in which counsel for the defender accepted that primary liability for the accident rested with the defender, the court rejected the pursuer's primary submission that the accident was caused as a result of a deliberate act by the defender and concluded that he was 90% responsible for the accident and that the injured man should bear 10% of the responsibility.

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