english law
... Tort Law is the area of law, which will be used to examine Richard Trott’s liability. A Tort may be defined as a civil wrong or a breach of duty which is fixed by law and therefore action maybe taken for damages. ... In the Nettleship v Weston case Lord Denning said that in civil law if a driver injures a pedestrian then he is liable so therefore there is a legal duty to take care when driving a car which means it can be proved that R Trott owed a duty of care to J Neal. ... This is set out in the law Reform (Contributory Negligence) Act 1945 in section 1(1) it states that where a person suffers damage as the result partly of his own fault and partly of the fault of any other person, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect there of shall be reduced to such an extent as the court thinks just and equitable.