Negligence: Defences

Question 1

What are the different defences for a negligence claim?

Answer 1

Contributory Negligence
Consent

Question 2

What is contributory negligence?

Answer 2

A partial defence, results in reduction of damages
Claimant contributes to their own negligence

Question 3

What is a case for contributory negligence?

Answer 3

Sayers v Harlow Urban DC

Question 4

What happened in Sayers v Harlow Urban DC?

Answer 4

Claimant trapped in toilet, tried to escape, contributed to her own negligence
Damages were reduced

Question 5

What is consent?

Answer 5

Defendant must show:
The claimant had full knowledge of the precise risk invovled
The claimant excercised free choice
The claimant voluntarily accepted the risk

Question 6

What is a case for consent?

Answer 6

Ogwo v Taylor

Question 7

What happened in Ogwo v Taylor?

Answer 7

Claimant was a fireman who suffered burns to his upper body from heat due to the penetrations of his protection clothing
Defence of consent was invalid, defendant owed claimant a duty of care