Defences And Remedies

Question 1

CONTEXT
The exam question will state if you talk about these only, these can be used for exam questions about defences if relevant to the tort.

Answer 1

Null

Question 2

Describe

Defence - Contributory Negligence

Sayers v Harlow Urban DC, James v IMI

Apart of Defences/Remedies

Answer 2

• Partial Defence
• C must fail to take proper care of their own safety which ends up continuing to their damage.

Sayers v Harlow Urban DC - Amount of Compensatory Damage is reduced to match C’s contribution

James v IMI - There can end up being a full reduction in damage.

Question 3

Describe

Defence - Volenti

Three-part test

Apart of Defences/Remedied

Answer 3

• Full defence
• No damage if the C consented to the risk and understood and knew the risk.

1) C must have knowledge of the precise risk involved.
2) C must have exercised free will when consenting to the risk.
3) C must voluntarily accept risk.

Question 4

Apply to an exam question

Flip

Apart of Defences/Remedies - Contrib Negligence

Answer 4

• How did C contribute to their injury or damage they suffered?
• How much will the damages be reduced as a Result of the C’s actions?

Question 5

Apply to an Exam Question

Flip

Apart of Defences/Remedies - Volenti

Answer 5

1) How did C have knowledge of risks involved?
2) Did C exercise a free choice? Or were they forced?
3) Did C make decision voluntarily once aware of risk?

Did the defence succeed for D?

Question 6

Describe

Remedy - Compensatory Damage + Loss involved + Award for this.

Apart of Defences/Remedies

Answer 6

• C given money to put them in position as if the tort had not happened
• C receives an award or special damages to cover exact amount of loss
• Pecuniary Loss - Damage that can be calculated monetary , compensation is given to the exact amount such as replacing property. Usually in Lump Sum settlement
• Non-Pecuinary Loss - Damage that can’t be calculated monetarily - An estimated amount of damages will be given in general damage to cover future costs. Usually in structured settlements.

Question 7

Describe

Remedy - Injuction

Apart of Defences/Remedies

Answer 7

• Requires D to stop doing something, mostly used in Torts connected to land. Private Nuisance or Rylands V Fletcher

Question 8

Apply to exam question

Flip

Apart of Defences/Remedies - Remedies

Answer 8

The C is likely to receive compensatory damage for… Which aims to put them in the position as if Tort didn’t happen.
This will be given in the form of?

The D is likely to be awarded an injunction which stops them from doing…?