Trade dress can consist of such elements as size, shape, color and texture, to the extent that such elements are not functional. In many countries, trade dress is referred to as âget-upâ or âproduct design.â.
The contributory. negligence of a child was (as it was for an adult before 1945) a complete defence. While children under the age of about 4 were not expected to exercise care for. themselves as if adults, the fault could then transfer to the parent or guardian, whose.
contributory. where both the defendant and the plaintiff are negligent, the court will decide how much each party is responsible for. Thus, where both parties were equally at fault-the defendant will be held only 50% responsible and will only have to pay for 50% of the damages.