Defences Flashcards
(7 cards)
What are the three defences that can be made when someone breaches duty?
- Contributory negligence - Allows D to reduce damages they must pay by using contributory negligence act 1945 (Partial defence)
Volenti non fit injuria - Defence when C fully consents and understands the risk involved. Rarely succeeds as consent is hard to establish. (Complete defence)
Illegality - If claimant is trying to claim breach but their claim is based on them doing something illegal, court won’t help. (Complete defence)
What two things must be proved to raise the claim of contributory negligence?
- C failed to take reasonable care to avoid the harm they suffered
-C would avoided at least some of the harm they suffered had they taken reasonable care. - C’s negligence was a “but for” cause of at least some of their losses.
What does the law reform contributory negligence act 1945 section 1 state?
- Person suffering damage due to their own fault or partly the fault of another person, damage is reduced.
With fault being defined in section 4.
How is contributory negligence established, its three questions asked. And what case was it established in?
Did C fail to exercise reasonable care for their own safety?
Did this failure contribute to C’s damage?
By what extent should C’s damages be reduced?
How is Volenti established? And what case uses it as a defence.
- Did C voluntarily agree to the risk?
-Did C know and consent to the full nature and extent of the risk involved?
Nettleship
How is illegality established? What are the three elements?
- C has engaged in illegal or immoral behaviour
-There was a sufficient link between the illegal behaviour and the tort.
-When considering all the relevant factors, the claim should be defeated.
What case/showcases illegality
Vellino v Chief constable of greater Manchester
C jumped out of a window in an attempt to escape the police.
Held that police owed him no duty of care to prevent him from jumping out. It was defeated because by the defence of illegality.
