Forsikringsaktieselskapet Vesta v. Butcher

Traditionally, the absence of any defence of contributory negligence in the law of contract has been seen as highlighting one of the essential differences between contractual and tortious obligations. As Judge Newey, Q.C., pointed out, in Basildon D.C. v. J.E. Lesser (Properties) Ltd. 1, blameworthiness is generally irrelevant in contract. This position has been the subject of challenge, notably in Sayers v. Harlow U.D.C. 2 and De Meza and Stuart v. Apple, Van Straten, Shena and Stone 3, but the recent decisions in Basildon and in A.B. Marintrans v. Comet Shipping Co. Ltd. 4, that the Law Reform (Contributory Negligence) Act 1945 does not apply to contractual claims, indicated a return to orthodoxy.