Defence and remedies Flashcards
What are the three main defences in negligence?
Consent (full defence), Illegality (full defence), and contributory negligence (partial).
What are the factors of the defence of consent?
1) C had full knowledge of nature + extent of risk.
2) C willingly consented to accept risk
What is required for defence of illegality?
There to be a link between the injury sustained and illegal activity.
What are the factors of contributory negligence?
1) carelessness on C part
2) That carelessness has contributed to C damages.
What are non-pecuniary losses?
Not capable of being calculated (personal injury)
What is included in non-pecuniary losses?
Pain and suffering + Loss of amenity.
What are pecuniary losses?
Capable of calculation
How are loss of earnings calculated?
Multiplicand (Net annual salary) x Multiplier (years) = award.
What does the fatal accidents act (1976) enable?
Enables claim to continue after C death?
What must be satisfied for claim to continue after C death under FAA 1976?
Must be able to show that C would have been able to claim during their life.
What can be claimed under FAA 1976?
1) Claim on behalf of C for loss of dependancy
2) Claim for damages of bereavement
3) Claim for funeral expenses.
