negligence Flashcards
(23 cards)
What are the three main defences to a negligence claim?
Contributory negligence, Consent, Illegality.
What is a partial defence in negligence?
A defence that reduces the defendant’s liability but does not eliminate it.
What does the Law Reform (Contributory Negligence) Act 1945 allow?
Courts to reduce damages based on the claimant’s share of responsibility.
What must be shown for contributory negligence?
Claimant failed to take reasonable care and contributed to their own loss.
Froom v Butcher (1976) - Contribution?
Not wearing a seatbelt led to a 20% reduction in damages.
What is the defence of consent (volenti non fit injuria)?
A full defence where the claimant freely and knowingly accepted the risk.
What’s the test for consent to apply?
Claimant must understand the risk and voluntarily accept it.
Smith v Baker vs ICI v Shatwell – comparison?
Consent failed in Smith but succeeded in Shatwell due to clear risk awareness and choice.
What is the defence of illegality?
A full defence where a claimant is injured while committing a crime and sues based on that context.
Ashton v Turner (1980) – relevance?
Defence of illegality applied where the claimant was injured during the commission of a crime.
Name 3 areas where negligence claims are restricted.
Claims against public bodies, claims for psychiatric injury, claims for pure economic loss.
What principle limits police liability in negligence?
Public policy – to avoid deterring them from performing their duties effectively (Hill v CC West Yorks).
When is psychiatric injury recoverable?
If it’s a medically recognised condition caused by sudden impact, not mere distress.
Who is a primary victim?
Directly involved in or under actual or perceived threat in an accident (Page v Smith).
Who is a secondary victim?
Suffers psychiatric illness from witnessing an accident (Alcock v CC South Yorkshire).
What are the 4 criteria for secondary victims (Alcock)?
Recognised condition, close tie of love, direct perception of event, and reasonable reaction.
What is the rule for pure economic loss?
Generally not recoverable unless a special duty of care exists.
Spartan Steel v Martin (1973) – principle?
Pure economic loss not recoverable; only losses tied to damaged property allowed.
What case extended duty to economic loss from negligent misstatements?
Hedley Byrne v Heller (1963).
What are the 4 requirements from Hedley Byrne for negligent misstatement?
- Special relationship, 2. Voluntary assumption of responsibility, 3. Claimant relied, 4. Reasonable reliance.
What is needed to prove a special relationship?
More than foreseeability—trust, purpose, and a close connection must be shown.
What is key in social situations for negligent misstatement?
Whether the advisor discouraged independent checks and encouraged reliance (Chaudhuri v Prabhakar).
What can protect you from negligence claims?
Insurance, incorporation of business, or conversion into an LLP or limited company.
