Defences Flashcards
(6 cards)
1
Q
Consent
A
Claimant had full knowledge of nature and extent of risk (subjective test)
Claimant voluntarily accepted the risk
Complete defence
A child or someone detained under mental capacity act is unable to consent.
2
Q
Contributory negligence
A
- C failed to exercise reasonable care for their own safety
- whether this failure contributed to the C’s damage
- to what extent the C’s damages should be reduced
3
Q
CN and children
A
A child can only be found CN if they are at such an age to be expected to take precautions for their safety.
4
Q
CN and employees
A
Reckless disregard for an employer’s rules by an employee is more likely to lead to finding of CN.
5
Q
CN and Rescuers
A
Courts are reluctant to punish rescuers and their actions will be judged by the standards of a reasonable rescuer.
6
Q
Illegality
A
Complete defence
There needs to be a connection between the illegal activity and the injury suffered
