Contributory negligence Flashcards
1
Q
What act is contributory negligence under?
A
Law reform Act 1945
2
Q
what is contributory negligence?
A
The C has a duty of care to take care of their own safety and to take reasonable precautions against the risk of injury
3
Q
What is a case for careless contrubutory negligence?
A
Sayers v Harlow
4
Q
What happened in the case of Sayers v Harlow?
A
Her compensation was reduced by 25% due to the careless nature in which she tried to escape
5
Q
What is Volenti non fit injuria ?
A
No injury will be seen to be done to someone who consents to the risk (full defence for the defendant)
6
Q
What is the three stage test that needs to be established to use the defence?
A
- C has knowledge of the risk involved
- Exercise free choice of will
- Voluntary acceptance of the risk
7
Q
what is a case for no fully appreciating the risk
A
Stermer v Lawson
8
Q
what is a case for Volenti?
A
Simms v Leigh RFC
