12: Product Liability, Defective Premises, Interference With The land And Defences

Question 1

12.8: Explain general defences in Tort

Answer 1

Even if a claim ain’t proves all elements of a tort, their claim can fail or be reduced if the defendant successfully proves a legal defence
- General defences apply to all torts
Special defences apply to specific torts only
- The defendant must prove the defence

Question 2

12.8.1: Explain contributory negligence

Answer 2

Based on the idea that the claims in partly caused their own harm
Partial defence - reduces damages rather than eliminating liability
Law: Law Reform ( contributory Negligence) act 1945
- claimants compensation is reduced based on their share of fault
- Negligenceccan relate to either: causing the accident or making the injury worse
Eg: Froom vs Butcher
- Claimant wasn’t wearing a seatbelt during a crash, damages reduced by 20%

Question 3

12.8.2: Explain Consent (Volenti non fit injuria)

Answer 3

A defendant will not be liable for injury where claimant freeelybcomsents to take the risk involved
In order for consent to be valid claimant must know:
- know the risk and voluntarily accept it
Complete defence - when defendant successfully proves consent, no damages are awarded
Eg: Smith v Baker - worker knew the risk but didn’t freely consent - defence failed

Question 4

12.8.3: Explain illegality

Answer 4

If a contract is illegal, then the claimant will not be able to enforce it
Based on public policy: courts won’t help someone benefit from their crime
Complete defence - no damages if the claimant was injured during illegal activity
Eg: Ashton V Turner - claimant injured during a burglary getaway, defence succeeded