Document ID: chunk:federal_register_of_legislation:C2025C00189:section:137b
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 137B
Character Range: 1675215–1676183

137B  Reduction of the amount of loss or damage if the claimant fails to take reasonable care
  If:
 (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.