Commonwealth Consolidated Acts

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Reduction of the amount of loss or damage if the claimant fails to take reasonable care


  (a)   a person (the claimant ) makes a claim under subsection   236(1) of the Australian Consumer Law in relation to economic loss, or damage to property, suffered by the claimant because of the conduct of another person; and

  (b)   the conduct contravened section   18 of the Australian Consumer Law; and

  (c)   the claimant suffered the loss or damage as result:

  (i)   partly of the claimant's failure to take reasonable care; and

  (ii)   partly of the conduct of the other person; and

  (d)   the other person did not intend to cause the loss or damage and did not fraudulently cause the loss or damage;

the amount of the loss or damage that the claimant may recover under subsection   236(1) of the Australian Consumer Law is to be reduced to the extent to which a court thinks just and equitable having regard to the claimant's share in the responsibility for the loss or damage.

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