Contributory Negligence and the Intoxicated Passenger

The recent Court of Appeal decision of Campbell v Advantage Insurance Co deals with an important issue of the nature of the test for contributory negligence where an intoxicated passenger is injured while being carried in a vehicle driven by an intoxicated driver. This article argues that in relation to the type of cases under consideration the court was right to adopt an objective approach, but that consideration should be given to applying a more subjective test in contributory negligence cases more generally.