hvg

Question 1

What is contributory negligence?

Answer 1

A partial defence where damages awarded are reduced if the claimant contributes to their own harm. The judge decides the amount of blame and the percentage of responsibility is reduced.

Examples include a worker operating without a safety guard (Jayes), a motorcyclist not wearing a helmet (O’Connel), and knowingly accepting a ride from a drunk driver (Stinton).

Question 2

What is consent in the context of negligence?

Answer 2

A complete defence where the claimant must have knowledge of the risk, act with free will, and agree to the risk. Complaining about the risk does not constitute consent.

Relevant cases include Smith v Baker, where doctors do not have to inform of all risks, just significant ones (Sidaway), and employees willingly ignoring safety rules (Shatwell).