Defences: Tort Law Flashcards
(7 cards)
1
Q
What are the two main defences in tort law
A
- contributory negligence
- consent/volenti
2
Q
What is contributory negligence
A
- set out in the law reform act 1945
- any damages awarded to a claimant can be reduced according to the extent to which the claimant has contributed to their own harm
3
Q
What type of defence is contributory negligence
A
- partial defence - will reduced liability
4
Q
What are the three parts to contributory negligence
A
- C must have been acting ‘unreasonably’ (Froom v Butcher)
- young children not guilty of contributory negligence, it cannot be applied if an individual is acting in the ‘heat of the moment’ either
- only valid if C contributed to the TPYE of injury suffered (e.g. no helmet, wouldn’t contribute to leg injury)
5
Q
What is the definition of consent (Volenti non fit injuria)
A
- D will have a complete defence if they can prove the claimant consented to the risk
- claimant must have known of the risk and its extent + have voluntarily agreed
- full defence + a subjective test
6
Q
What are the three requirements to a successful claim of consent
A
- knowledge of precise risk involved
- exercise of free choice by the claimant (Smith v baker)
- a voluntary acceptance of the risk
7
Q
A
