In Nicholas v. Road Accident Fund, the offending vehicle was accused of not applying brake and thereby causing injury to the plaintiff.
High Court was of the view that even if some other driver would have reacted differently in the same circumstances, it does not mean that the plaintiff’s responses and actions were negligent. It was noticed that if the plaintiff had applied brakes it could have caused the vehicle to skid into other traffic and could have then resulted in contributory negligence.
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