Defences to negligence claim

Question 1

what’s contributory negligence
where does it come from
what kind of defence is this
case

Answer 1

where d argues that C contributed to the amount of harm suffered

comes from law reform act 1945 - will reduced claimants damages proportionality

its a partial defence

Sayers vs Harlow - relied on toilet roll to withstand her weight -contributory negligence her damages were reduced by 25% as she was to blame

Question 2

meaning of volenti non fit injuria
full or partial defence
3 requirements to avoid liability
what kind of claim can this defense Not be used and why
one case

Answer 2

to a willing person no Injury is done -if you voluntarily take a risk you cant blame someone else if you get hurt
full defence
duty of care breach causation

cant be used in cases of intentional harm or deliberate wrong doing.
Smith vs Baker - defence failed as plaintiff did not breach any duty of care owed to them or others

Question 3

what are the remedies

Answer 3

main remedy for negligence is damages (compenation)