Defences In Tort Flashcards
(10 cards)
What is the name of the act for contributory negligence?
LAW REFORM ACT 1945
What type of defence is it?
Partial and general
What must D probe for contributory negligence?
1) C must negligent that she failed to take to take reasonable care in the circumstances of her own safety and
2) C’s fault was a contributory cause of the harm suffered (not the accident)
What case is used that C must take into account the possibility of others being careless?
JONES v LIXOX QUARRIES
What is the case that C’s fault must have helped cause the harm suffered?
FROOM v BUTCHER
What is consent?
Consent is a complete defence and D will not be liable.
What must D prove for consent?
1) C was aware of the specific risk of injury and
2) C willingly agreed to run that risk.
What is the case if C is so intoxicated that she was incapable of appreciating the specific risk?
MORRIS v MURRAY
When will the defence of consent not work?
Where C had no choice but to accept the risk: SMITH
Can D a rescuer use consent as a defence?
No because he is under a legal duty to act: HAYNES v HAYWOOD
