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Negligence – Duty to take care. The claimant had sustained severe injuries when a collision occurred between the claimant's bicycle and the defendant's car, causing the claimant to fall sideways on to the road. The Queen's Bench Division held that, in the circumstances, primary liability was established but that the appropriate apportionment of fault for the claimant was 25 per cent.
Negligence – Duty to take care. The claimant had sustained severe injuries when a collision occurred between the claimant's bicycle and the defendant's car, causing the claimant to fall sideways on to the road. The Queen's Bench Division held that, in the circumstances, primary liability was established but that the appropriate apportionment of fault for the claimant was 25 per cent.
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