Defences to a Claim (Negligence) Flashcards
(8 cards)
1
Q
What are the two main defences in negligence?
A
- Contributory negligence
- Consent (volenti non fit injuria)
2
Q
What is contributory negligence?
A
- D alleges that C has partly caused/contributed to the damage
- Partial defence: both C and D are partly to blame for the injury suffered by C
3
Q
What is the Law Reform (Contributory Negligence) Act? (CN)
A
- 1945
- A judge may reduce any damages awarded to C according to the extent to which C contributed to their own injuries
4
Q
Case for contributory negligence
A
Froom v Butcher
5
Q
What is consent?
A
- If C voluntarily agreed to a risk of harm will full knowledge of the risk, they cannot complain when they suffer injury
- Complete defence: C receives no damages
6
Q
Case for consent
A
Morris v Murray
7
Q
No choice (Consent)
A
- D will not succeed when C had no choice but to accept the risk
- Also where someone had a duty to act and is injured because of D’s negligence, volenti will not be available as defence
- In a road traffic accident, driver cannot claim that a passenger consented to risk of negligent driving by accepting a lift
8
Q
Case for no choice (consent)
A
Ogwo v Taylor
