Defences Flashcards
(15 cards)
Defences
Contributory negligence
Volenti Non fit injuria
Ex turpi causa non oritur actio (ex turpi)
Contributory Negligence types
Common law Statutory regime Fault of the claimant Causation Apportionment
Common law- contrib neg
At common law if C’s injury was caused partly by their own fault and partly by D no damages could be recovered
Common law - contrib neg - rule of last opportunity
C can recover damages if the damages could have been avoided by D
Common law contrib neg - benefit of hindsight
C can recover damages if his action however ill advised in hindsight can recover damages if the action was reasonable given the circumstances at the time
Statutory regime
Power to apportion damage is permitted by statue - Martime Conventions act 1911 & Law Reform (contrib Neg) Act 1945
Fault of the claimant
Claimant has failed to take reasonable care for their own safety
Contributory Negligence -Causation
It is not necessary that c negligence contributes to the accident the negligence must contribute to the damage
Contributory Negligence -Causation failure to wear a seat belt
if by wearing a seat belt the injuries would not have occurred or been reduced then damages will be reduced
Apportionment
if the damages were caused by the c actions damages can be reduced in line with the apportionment of blame
Volenti Non Fit Injura
No damage can be done to a willing party or to someone who has assented to it
Volenti Non Fit Injura - no tort committed
Before Volenti can be relevant there must be a tort committed
For volenti to be accepted express consent must be given
No it can also be implied
Knowledge
Means Knowledge of the risk does not establish the defence C must consent to a known risk
Ex Turpi Causa Non Aritur Acio
No damages can be sort if the damage has been suffered whilst partaking in an immoral or illegal act
