defences

Question 1

contributory negligence

Answer 1

Law Reform Act 1946 changed the law and now it reduces compensation if the C contributed to his or her own harm

Question 2

What was the case for reduction in compensation of 25% and the facts?

Answer 2

Sayers v Harlow Urban District Council (1958)

Lady was locked in a toilet cubicle due to negligent maintenance.
Stood on a toilet roll holder to escape and fell
Council liable for her injuries but compensation reduced by 25%

Question 3

What was the case for not wearing a helmet?

C.N

Answer 3

O’Connell v Jackson (1972)
Compensation reduced when helmet is not worn

Question 4

what was the case for not wearing a seatbelt?
C.N

Answer 4

Froom v Butcher (1976)
Not wearing a seatbelt would reduce compensation

Question 5

what is the case for children not in correct seat?
C.N

Answer 5

Williams v Williams
Children not in correct seat will reduce compensation

Question 6

Volenti non fit injuria (consent)

Answer 6

Voluntary assumption of a risk by the C. No injury will be seen to be done to someone who consents to the risk. Complete defence

Question 7

Three stage test to be established to use this defence
V.N.F.I

Answer 7

1. C has knowledge of the risk involved
2. Exercise of free choice by C
3. Voluntary acceptable of the risk

Question 8

what is the case for someone borrowing a bike?
V.N.F.I

Answer 8

Stermer v Lawson (1977)
Consent argued when C borrowed D’s motorbike. Defence failed as C had not been properly shown how to use the motorbike so did not fully appreciate the risk

Question 9

what is the case for someone complaining about risks involved but having to go through with it anyway?
V.N.F.I

Answer 9

Smith v Baker (1891)
D didn’t give consent to the danger and had done everything he could in complaining about the risks involved but had no choice but to carry on. Defence of consent failed.

Question 10

what is the case for a well known risk in the industry?
V.N.F.I

Answer 10

Gledhill v Liverpool Abattoir (1957)
Well known risk of the industry so defence suceeded

Question 11

what is the case for consenting to the rules of the sport?
V.N.F.I

Answer 11

Simms v Leigh RFC (1969)
Volenti succeeded as C had consented to the within the rules of sport

Question 12

What is the case for foul play?
V.N.F.I

Answer 12

Condon v Basi [1985]
D couldn’t use the defence of Volenti as the tackle he made was foul play