GENERIC DEFENCES Flashcards
(11 cards)
What is “VOLENTI NON FIT INJURIA”?
Voluntary assumption of risk
Two elements:
- The claimant had full knowledge of nature/extent of the risk.
- The claimant willingly consented to accept the risk of being injured due to the defendant’s negligence.
What is an “absolute defence”?
bsolute defence = so no payment at all, basically like contributory negligence but then without ANY compensation
Which defence is an example of “absolute defence”?
VOLENTI NON FIT INJURIA
Can drivers use volenti non fit injuria?
The Road Traffic Act s.149 excludes the use of volenti to prevent drivers avoiding liability to passengers.
What did the Law Reform Act 1945 introduce?
Contributory Negligence!
What is Contributory Negligence?
== the court may reduce the damages payable by the defendant if the claimant has failed to take reasonable care for their own safety thus aggravating the damage suffered.
What are the 3 questions you have to ask when dealing with contributory negligence?
Law Reform (Contributory Negligence) Act 1945:
1. Did claimant fail to exercise reasonable care for their safety?
2. Did this failure contribute to the claimant’s damage?
3. By what extent should claimant’s damages be reduced?
What happened in Froom v Butcher (1975)?
The claimant, Mr. Froom, was injured in a car accident caused by the defendant, Mr. Butcher, who was driving negligently. At the time of the accident, the claimant was not wearing a seatbelt, which contributed to the severity of his injuries.
The defendant admitted negligence but argued that the claimant’s failure to wear a seatbelt amounted to contributory negligence, warranting a reduction in damages.
Held: damages reduced by 25%
What is Ex Turpi Causa?
“from a disgraceful cause an action does not arise”
-> Claimant involved with illegal enterprise at time of injury.
What happened in Ashton v Turner (1981)?
The claimant and the defendant were accomplices in a burglary.
After committing the burglary, the defendant, while driving recklessly to escape the scene, crashed the car, causing injuries to the claimant.
The claimant sued the defendant for negligence, seeking damages for the injuries sustained in the crash.
The court dismissed the claim, holding that the principle of ex turpi causa barred the claimant from recovering damages.
What is the main goal of ex turpi causa?
This doctrine prevents individuals from benefiting from their own wrongdoing, reinforcing public policy considerations.
