Negligence: Defences

Question 1

Volenti - D must prove;

(1) C had Full Knowledge of Nature and Extent
(2) C Willingly Accepted the Risk

Answer 1

NETTLESHIP v WESTON

Question 2

Volenti - Rare for Employers to succeed with this against Employees

Answer 2

SMITH v BAKER

Question 3

Volenti - Rare for this to succeed against Rescuers - Compelled by Moral Instinct

Answer 3

HAYNED v HARWOOD

Question 4

Volenti - Knowledge must be Sufficient

Answer 4

DANN v HAMILTON

Question 5

Illegality - C involved in an illegal enterprise at the time of the injury

Answer 5

PITTS v HUNT

Question 6

CN - Defendant must prove…

Answer 6

C was Careless and Careless Behaviour Contributed to C’s Harm

Question 7

CN - Courts rarely reduce Employees’ damages

Answer 7

CASWELL v POWELL

Question 8

CN - Child must be Blameworthy

Answer 8

GOUGH v THORN

Question 9

CN - Rescuers must have shown a ‘Wholly Unreasonable Disregard for his Own Safety’

Answer 9

BAKER v TE HOPKINS & SONS LTD

Question 10

CN - Driving - Causal Link

(1) Seatbelts
(2) Crash Helmet
(3) Drunken driver

Answer 10

(1) FROOM v BUTCHER
(2) CAPPS v MILLER
(3) OWNES v BRIMMELL

Question 11

CN - Dilema Rule - Situations of Imminent Danger - Where C’s response is
(1) Reasonable (2) Unreasonable

Answer 11

(1) JONES v BOYCE

(2) SAYERS v HARLOW