Tort Law - Defences to Negligence Flashcards Preview

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Flashcards in Tort Law - Defences to Negligence Deck (261):
1

Petrol station, Wild West

Yachuk v Oliver Blais

2

Evans LJ in Revill v Newberry

One thing to deny gains from illegal conduct, but another to deny compensation for personal injury

3

What judge in what case stated that the last opportunity doctrine was now inappropriate after LR(CN)A?

Denning in Jones v Livox Quarries

4

Law Com 2009 Consultation Paper

Insufficient flexibility and discretion so broad it would be uncertain for illegality defence to go on statutory footing

5

Adams v Lancashire and Yorkshire Railway judgment

CN, bc not in situation which 'obliged him to adopt alternative of a dangerous leap or to remain at certain peril'

6

What did Atiyah highlight about CN reductions?

D is usually insured, but C's CN is usually personally borne, means negligent people do not pay for consequences but CN people do

7

Helicopter

Morris v Murray

8

Baker v TE Hopkins judgment

No CN - judge situation from rescuer's point of view

9

Pitts v Hunt general

Motorcycle drunk

10

Latin phrase for voluntary assumption of risk

Volenti non fit injuria

11

In what case did the ECJ say compensation can only be limited in 'exceptional circumstances', appearing to complicate CN?

Candolin v Pahjola

12

Woolridge v Sumner judgment

No application of volenti

13

Churchill v Wilkinson

Thought CN reduction fell within Candolin, and thus no breach of EU law

14

L&O on Froom guidelines and EU law

May be inconsistent with Motor Insurance Directive

15

Why is the case of Canterbury Medical Council v Taylor doubted?

Only risk of injury need be accepted for volenti, not injury itself

16

When were the recommendations by the Law Revision Committee 8th Report enacted?

1945

17

Why couldn't C claim future earnings in Hewison v Meridian Shipping PTE?

Would have only got future earnings if he had continued with the deception

18

What judge in what case stated that it is one thing to deny gains from illegal conduct, but another to deny compensation for personal injury?

Evans LJ in Revill v Newberry

19

Social security benefits, joint purchase

Tinsley v Milligan

20

Glofcheski on Pitts v Hunt

They refused to set the standard, showing judicial abstention

21

Case on impossibility of ascertaining standard of care for illegality defence

Pitts v Hunt

22

What did LJ Diplock focus on in Woolridge v Sumner?

Reasonable acts of reasonable person in D's situation, ignoring C's consent or lack thereof

23

What judge in Vellino v Chief Constable of Greater Manchester applied illegality under FJR limb - one of many factors?

Sedley LJ

24

Why has the defence of illegality developed more in recent years

Elimination of the volenti defence for motor vehicle accidents

25

What did the court in Apotex highlight there is no need to assess?

Significance of illegalit

26

Translation of ex turpi causa no oritur actio

No action arises from a disgraceful cause

27

What academic required two strands of knowledge for volenti defence?

Jaffey

28

What two cases showed that volenti does not operate if C's act was one which D had a DoC to prevent?

Kirkham v Chief Constable of Greater Manchester; Reeves v MPC

29

What are the two possible scenarios for the volenti defence?

Express agreement D will not sue C if the risk materialises into an injury, or implicit in situation that C agrees to the risk

30

How many people, at the time of Froom v Butcher, did not wear their seatbelt?

75%

31

What two strands of knowledge does Jaffey require for volenti defence?

C fully aware of possibility of negligence, and fully ware of facts making it likely D would commit specific act of negligence

32

What two cases show that if CN was not available for actions prior to 1945, not available after Act either

Pritchard v CoOp and Standard Charters Bank v Pakistan Shipping

33

Butterfield v Forrester general

Pole, horse, 'riding violently'

34

To what do the courts look in order to ascertain implied agreement?

C's conduct

35

To what torts does the illegality defence apply?

All torts generally

36

What did Denning say on application of causation in Jones v Livox?

Changed after LR(CN)A - last opportunity doctrine now inappropriate

37

Pritchard v CoOp general

Manager hit

38

Why does Buckley favour Hounga v Allen?

Openness and pragmatism

39

'No court will lend its aid to a man who founds his cause of action on an immoral or an illegal act'

Homan v Johnson

40

Lord Reid in Staple v Gypsum Mines

Consider two factors in particular for apportionment in CN - relative fault of D and C, and causal potency of each party's contribution

41

Jones v Livox Quarries on causation

Distinction between linked events and that which is 'no more than part of the history'

42

Jackson v Murry general

Car hit pedesterian

43

Shot firers, brothers

ICI Ltd v Shatwell

44

Law Com 2001 Consultation Paper

Suggested illegality defence go on statutory footing, with 'structured discretion'

45

Interlocutory injunction loss, manufacturing illegal

Les Laboratoires Servier v Apotex Inc

46

Afternoon drive, more drunk

Dann v Hamilton

47

Drug addict, bunkbed, withdrawal

St George v Home Office

48

Why did Tinsley v Milligan reject public conscience test?

Defence is not discretionary

49

What did the minority argue for apportionment of CN in Corr v IBC?

0%

50

Joyce v O'Brien judgment

If you enter into a criminal act increasing risk to injury, and are injured, the law regards your criminal act as causing your injury

51

What was the apportionment of CN in Corr v IBC?

20% because he had some choice (albeit distorted)

52

When did LJ Diplock say there would be no application of volenti in Woolridge v Sumner?

If DoC stems solely from Donoghue's 'neighbourliness' principle (foreseeability of injury)

53

Woolridge v Sumner general

Horse competition, photographer

54

What kind of language did Lord Pearce use in ICI Ltd v Shatwell?

Contractual

55

Baker v TE Hopkins general

Two workers, well, doctor

56

Shed shot

Revill v Newberry

57

What judge in Morris v Murray showed concern that the more drunker a D, the better their legal position with regard to volenti?

LJ Fox

58

Hounga v Allen judgment

Public policy approach

59

What modern case shows a radical, open-ended approach to illegality defence?

Hounga v Allen

60

Jones v Livox Quarries on standards of care for CN

Degree of care a reasonable person would take

61

What judge in what case adopted a 'public conscience' test in minority for illegality defence?

Beldam LJ in Pitts v Hunt

62

What judge in Gray reasoned through inconsistency?

Rodger

63

What academic favours Hounga approach?

Buckley

64

What English case suggests CN apportionment under Froom falls within Candolin?

Churchill v Wilkinson

65

Name two cases which explore the standard of care expected to avoid CN when D's negligence created an emergency

Adams v Lancashire and Yorkshire Railway; Baker v TE Hopkins

66

Morris v Murray judgment

Volenti applied

67

Les Laboratoires Servier v Apotex Inc on illegality defence generally

Lord Sumption claimed illegality is more 'judicial abstention' than a defence

68

S.1 LR(CN)A

CN is not a complete defence, allowing reduction if partly C's own fault or partly fault of others

69

Yachuk v Oliver Blais judgment

No expectation they would exercise care for their own safety - only 7 and 9

70

Who refashions the volenti defence as an assessment of P's conduct?

Tan

71

What did Denning MR say in Gough?

Child could never be liable for CN, and older only if to BLAME for failing to take precautions

72

What are the two ingredients for volenti in implied situation?

Knowledge + implied agreement

73

Famous quote from Dann v Hamilton

'Intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff'

74

Lexi Holdings v DTZ Debenham

LJ Briggs showed Hoffmann's approach is not a 'universally applicable test'

75

Name at least three approaches to illegality defence

Criminality irrelevant, impossibility of ascertaining standard of care, relevant to FJR and reliance test

76

Why did volenti not apply in Corr?

Suicide not truly voluntary due to clinical depression

77

Candolin v Pahjola judgment

ECJ said compensation can only be limited in 'exceptional circumstances'

78

What case enforced that to apportion CN, judges must balance out 'strands of policy' to reflect state responsibility AND personal autonomy

Reeves v MPC

79

Froom v Butcher on apportionment

Per Lord Denning, benchmark for 'classic' cases at 25% for protective devices at least

80

What is interesting about the finding of C's mental health in Reeves v MPC?

Found to be of sound mind, and thus act WAS voluntary and well-considered

81

Dann v Hamilton general

Afternoon drive, more drunk

82

What case expressly rejected public policy required reassessment of Froom guidelines because of increase awareness in importance of protective devices

J v Wilkins

83

Dissenting judge in Vellino v Chief Constable of Greater Manchester

Sedley LJ

84

ICI Ltd v Shatwell judgment

Volenti applied - SF knew the risk

85

What case rejected public conscience test?

Tinsley v Milligan

86

How did Lord Reid characterise someone who deliberately and knowingly disobeys orders, running a risk?

Not negligence at all - volenti defence

87

What judge in what case stated that one person at fault does not 'dispense with another's using ordinary care for himself'?

Lord Ellenborugh CJ in Butterfield v Forrester

88

Medical treatment, boxing

Watson v British Boxing Board

89

What judge in what case asked if the child could be to BLAME for failing to take precautions?

Denning MR in Gough v Thorne

90

What standard COULD have been applied in Pitts v Hunt?

Nettleship v Weston Ordinary reasonable driver

91

Candolin v Pahjola general

Compensation denied in Finland

92

What two cases show a reasonable person test to avoid CN reduction is based on what one OUGHT to do, not what the majority DO do

Smith v Finch; Froom v Butcher

93

St George v Home Office considered what would have happened if CN had applied - what was their decision?

No reduction whatsoever because C in state facility who knew of his addiction

94

Motorcycle drunk

Pitts v Hunt

95

What did the judges in Revill v Newberry consider illegality relevant for?

Contracts

96

Standard Charters Bank v Pakistan Shipping general

Misrepresented shipping date, pay price

97

Hewison v Meridian Shipping PTE general

Seafarer, epilepsy, deception

98

Who said that the judgment in Corr showed 'no understanding of the effect of serious depression'

O'Sullivan

99

Latin phrase for illegality

Ex turpi causa no oritur actio

100

What does turpitude mean?

Wrongfulness

101

What kinds of acts can give rise to a claim for contributory negligence?

Intentional AND negligent acts of C

102

Dillon LJ in Pitts v Hunt

Need sufficient causal connection between illegality and injury for illegality defence

103

Gray showed law developing along recommendation lines, so no legislative reform needed

Law Com 2010

104

Kirkham v Chief Constable of Greater Manchester judgment

Not of sound mind so damages, and volenti doesn't apply if act of C was one which gave D DoC

105

Jones v Livox Quarries general

Riding on back of quarry truck

106

ICI Ltd v Shatwell general

Shot firers, brothers

107

What is insufficient for the volenti defence to operate?

Mere knowledge

108

Whose approach in Pitts v Hunt was closest to Hoffmann in Grey v Thames Trains?

Dillon LJ

109

What judge highlighted how C in Corr was not truly voluntary because of psychiatric illness?

Bingham

110

What academic strongly criticised Corr v IBC judgment on CN?

O'Sullivan

111

What is apportionment for CN under s.1 LR(CN)A?

Reduction as far as it is fair and equitable to reflect their contribution

112

What judge in what case gave the two factors considered in particular to apportion under s.1 LR(CN)A?

Lord Reid in Staple v Gypsum Mines

113

What case showed the manipulation of causation test to get the desired outcome in illegality defence?

Joyce v O'Brien

114

What does the case of Smith v Finch show about standards of care required to avoid CN?

Focusing on what reasonable person OUGHT to do - no interest in how many wore helmet

115

Name at least two cases where illegality was matched with reliance test

Hewison v Meridian Shipping PTE; Tinsley v Milligan; Gray v Thames Trains

116

Why was the claim on lost earnings rejected in Gray?

Inappropriate for tort to displace criminal penalty on narrow ground of illegality defence

117

Beldam LJ in Pitts v Hunt'

Public conscience test

118

Tinsley v Milligan general

Social security benefits, joint purchase

119

What did the trial judge recognise in Jones v Livox Quarries?

Only risk created by C's CN was that of being thrown off, and therefore being hit with another vehicle was unforeseeable

120

What did Lord phillips argue in Gray?

Illegality doesn't apply if D's behaviour is not WHY he was ordered into the institution, e.g. because insanity defence

121

Case rejecting illegality defence by saying criminality irrelevant

Revill v Newberry

122

Smith v Finch general

Cyclist without helmet

123

Pitts v Hunt

Doubted court could order 100% reduction in respect of C's negligence

124

What did Jackson v Murray say about blameworthiness in CN?

That of motorist tends to be higher if between motorist and pedestrian, due to potential to cause damage

125

Hobbled donkey

Davies v Mann

126

Homan v Johnson illegality defence definition

'No court will lend its aid to a man who founds his cause of action on an immoral or an illegal act'

127

What case doubted court could order 100% reduction respect of C's negligence?

Pitts v Hunt

128

Smith v Finch on causation

Would have made no difference so no CN

129

Gray v Thames Trains general

Ladbroke trains, PTSD, stabbing

130

Froom v Butcher on causation

It is to C's DAMAGE, not to the original accident - C need not have contributed to the original accident at all

131

St George v Home Office general

Drug addict, bunkbed, withdrawal

132

What case gave a definition of 'emergency' to avoid CN reduction?

Adams v Lancashire and Yorkshire Railway

133

How was Dann distinguished in Morris?

Morris was a lot more extreme, and social convention at play in Dann - hard for C to extricate herself without giving offence

134

Kirkham v Chief Constable of Greater Manchester general

Suicide, police custody

135

What judge in Gray reasoned through causation?

Hoffmann

136

St George v Home Office judgment

Negligence too remote in 'time, place and circumstance'

137

What case showed that each case is face-dependent for standard of care expected to avoid CN

Galbraith's Curator v Stewart

138

Corr v IBC Vehicles on volenti

Did not apply

139

What judge in Gray v thames Trains called Tinsley unhelpful in tort?

Hoffmann

140

What section of what Act stated volenti no longer a defence to motor vehicle accidents?

S.149 Road Traffic Act 1988

141

Volenti non fit injuria

Voluntary assumption of risk

142

What judge in what case stated illegality is more 'judicial abstention' than defense?

Lord Sumption in Les Laboratoires Servier v Apotex Inc

143

Name a case which explores the standard of care expected from children to avoid CN

Yachuk v Oliver Blais; Gough v Thorne; Galbraith's Curator v Stewart

144

Why is there no need to assess significance of illegality in illegality defence?

Narrow version is automatic, and wider is just a question of causation

145

What is a disadvantage of the reasoning in Joyce?

Artificial and against orthodox causation

146

What Report recommended legislative change to apply admiralty rules on apportionment based on CN?

Law Revision Committee 8th Report

147

'Intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff' CASE

Dann v Hamilton

148

Adams v Lancashire and Yorkshire Railway general

Door of train carriage

149

Ladbroke trains, PTSD, stabbing

Gray v Thames Trains

150

Morris v Murray general

Helicopter

151

What two situations were required for volenti to operate in Dann?

Obvious danger C chose to go into OR impliedly giving D permission to act carelessly

152

What did the Law Commission say was the best rationale for the illegality defence?

Consistency in the law

153

What academic highlighted how the judges in Pitts v Hunt refused to set the standard, not that it was impossible?

Glofcheski

154

Reeves v MPC general

Prison transfer, suicide

155

Pole, horse, 'riding violently'

Butterfield v Forrester

156

What is there a parallel with in the case of Joyce?

CN cases - manipulating causation test to get desire outcome

157

Watson v British Boxing Board judgment

C accepted risk of injury caused by events in ring, but not risks following for inadequate/negligent provision of treatment

158

What two factors are considered in particular for apportionment in CN?

Relative fault and causal potency of each party's contribution

159

What case applied illegality under FJR limb of Caparo

Vellino v Chief Constable of Greater Manchester

160

Galbraith's Curator v Stewart

Each case is face-dependent for standard of care expected to avoid CN

161

What case shows within it that judges have a hard time determining CN apportionment?

Corr v IBC Vehicles

162

Why did L&O think Froom guidelines might be inconsistent with Motor Insurance Directive?

General and abstract criteria

163

From what case was the 'last opportunity' doctrine?

Davies v Mann

164

Hughes v Williams

Froom applies in failure to use appropriate restraints for children

165

Why was there CN reduction in Corr v IBC?

Retained SOME capacity and responsibility - recognised value of personal autonomy

166

What judge in what case focused on reasonable test of D, instead of acts of C to imply acceptance of risk, in order to ascertain breach of duty for volenti?

LJ Diplock in Woolridge v Sumner

167

Hepple and Matthews on ICI v Shatwell

If D had been C's senior, and told C to do it, would have been harder to show risk acceptance

168

What judge in ICI Ltd v Shatwell used contractual language to ascertain implicit agreement to risk for volenti?

Lord Pearce

169

Canterbury Medical Council v Taylor

Australian cases suggest genuine belief risk will not materialise removes volenti defence

170

L&O on Corr

Can it sensibly be said C is guilty of CN for very act D was supposed to prevent?

171

Woodley v Met District Railway general

Side wall, railway, tool

172

How did Tan refashion volenti defence?

Assessment of P's conduct

173

Tinsley v Milligan judgment

Claim is barred if C needs to rely on facts disclosing illegality

174

Who referred to social convention in Morris v Murray to explain Dann?

LJ Fox

175

Name a case exploring relationship between breach of duty and volenti defence?

Woolridge v Sumner, Tomlinson v Congleton BC and Watson v British Boxing Board

176

With what EU law instrument did L&O suggest Froom might be inconsistent?

Motor Insurance Directive

177

When did they state the illegality defence does not apply in Hounga v Allen?

If illegality is solely background, collateral information

178

Suggested illegality defence go on statutory footing, with 'structured discretion'

Law Com 2001 Consultation Paper

179

What were the two claims in Gray v Thames Trains?

Lost earnings whilst in institution, and loss in earning capacity

180

What case made it clear that causation for CN is as to C's DAMAGE, not the original accident

Froom v Butcher

181

Hewison v Meridian Shipping PTE JUDGMENT

Recover for pain and suffering, but not future earnings

182

Admiralty Commissioners v Volute general

Equal apportionment in admiralty under statute

183

What case showed that LR(CN)A s.4 does not allow interpretation which applies CN as a defence where it wasn't available prior to 1945?

Standard Charters Bank v Pakistan Shipping

184

Yachuk v Oliver Blais general

Petrol station, Wild West

185

What case highlighted how tort is trying to compensate for injuries, so illegality defence is irrelevant?

Revill v Newberry

186

Why did Rodger reject Hoffmann's causation analysis in Gray?

Doesn't explain why D is liable no further than X point

187

Tomlinson v Congleton BC judgment

Occupiers of recreational land can assume anyone using the land recreationally accepts inherent risks

188

What case by the ECJ complicated the area of CN?

Candolin v Pahjola

189

Revill v Newberry judgment

Illegality not relevant as trying to compensatee for injury

190

Who highlighted that the outcome would likely have been different in ICI v Shatwell if D had been C's senior?

Hepple and Matthews

191

What judge in what case emphasised that Hoffmann in Gray is not a 'universally applicable test'?

Lexi Holdings v DTZ Debenham LJ Briggs

192

What case shows Australia removes volenti defence if genuine belief risk will not materialise?

Canterbury Medical Council v Taylor

193

Butterfield v Forrester judgment

CN applied - one person at fault does not 'dispense with another's using ordinary care for himself'

194

Equal apportionment in admiralty under statute

Admiralty Commissioners v Volute

195

Why do L&O argue Froom is not inconsistent with Motor insurance Directive

Requires 'disproportionate' limitation or exclusion for breach of EU law - 25% reduction is hardly disproportionate

196

What case shows Froom applies in failure to use appropriate restraints for children?

Hughes v Williams

197

S.149 Road Traffic Act 1988

Volenti no longer defence to motor vehicle accidents

198

What case relied and built on Occupiers' Liability Act 1984 in illegality

Revill v Newberry

199

Watson v British Boxing Board general

Medical treatment

200

What is the narrow version of illegality?

No claim to compensate for loss resulting from criminal sanction

201

What is the wide version of illegality?

No claim to compensate a consequence of C's own criminal conduct

202

Manager hit

Pritchard v CoOp

203

Who highlighted how the lack of insurance, usually, on the part of C means they pay for CN reduction, whilst D is usually insured

Atiyah

204

Smith v Baker

By end of 19th century, knowledge insufficient

205

Reeves v MPC on HOW to apportion CN

Balance out 'strands of policy' to reflect state responsibility AND personal autonomy

206

Vellino v Chief Constable of Greater Manchester general

Windows

207

Jackson v Murray judgment

There is no precise figure for CN

208

What case showed the courts rejecting the last opportunity rule, apportioning liability in proportion to degree of fault under statute?

Admiralty Commissioners v Volute

209

Pritchard v CoOp judgment

CN not available for battery prior to 1945, so not after either

210

Revill v Newberry general

Shed shot

211

Insufficient flexibility and discretion so broad it would be uncertain for illegality defence to go on statutory footing

Law Com 2009 Consultation Paper

212

Two recent conflicting cases on illegality defence

Hounga v Allen; Laboratoires Servier v Apotex

213

Misrepresented shipping date, pay price

Standard Charters Bank v Pakistan Shipping

214

Swimming

Tomlinson v Congleton BC

215

What case stated that there is no precise figure to apportion damages under CN?

Jackson v Murray

216

Hounga v Allen general

Harassment and immigration

217

Why did volenti apply in Dann v Hamilton?

Developing situation and not clear enough that she agreed

218

What is an advantage of Tan's approach to volenti?

Allows adaptation according to social policy

219

Pitts v Hunt judgment

JOINT illegal activity made standard hard to ascertain

220

What judge in what case for causation made a distinction between linked events and those which are 'no more than part of the history'?

Denning in Jones v Livox Quarries

221

What did LJ Salmond say in Gough v Thorne?

Compared C's actions with reasonable person of same age and gender

222

What two cases should be compared to show case-by-case CN apportionment leads to uncertain results?

St George v Home Office; Reeves v MPC

223

Why would it have been problematic for the court in St George v Home Office to acknowledge that certain background characteristics did contribute to his injury?

Medical negligence - C partly responsible for being harmed in the first place, necessitating medical treatment

224

Standard Charters Bank v Pakistan Shipping JUDGMENT

Defence of CN not available for tort of deceit prior to 1945, so not under LR(CN)A either

225

J v Wilkins

Expressly rejected public policy required reassessment of Froom guidelines because of increase awareness in importance of such devices

226

Gough v Thorne general

13 1/2 year old, brothers, lorry

227

Froom v Butcher general

Seatbelt

228

What case shows knowledge meant assent in middle 19th century, and thus volenti defence?

Woodley v Met District Railway

229

Corr v IBC Vehicles judgment on CN

CN to recognise value of personal autonomy

230

Harassment and immigration

Hounga v Allen

231

What judge in what case suggested illegality might be outweighed by other factors, making the defence inappropriate?

Vellino v Chief Constable of Greater Manchester Sedley LJ

232

Gough v Thorne judgment

No CN because adults in control

233

O'Sullivan on Corr

Judgment showed 'no understanding of the effect of serious depression'

234

Buckley on illegality defence

Favours Hounga

235

Who highlighted how, in Corr, they held C guilty of CN for the very act D was supposed to prevent?

L&O

236

Davies v Mann judgment

Focus on who had the last opportunity to avoid the damage

237

How does breach of duty fit under volenti?

Assumption of risk means that C's injury does not constitute a BoD

238

Les Laboratoires Servier v Apotex Inc general

Interlocutory injunction loss, manufacturing illegal

239

Gray v Thames Trains judgment

wide and narrow version of illegality - both failed

240

Les Laboratoires Servier v Apotex on CoA approach

Policy approach wrong and contrary to Tinsley v Milligan

241

What distinction did Lord Reid make in ICI Ltd v Shatwell?

Individuals deliberately and knowingly disobeying, and carelessness

242

Seafarer, epilepsy, deception

Hewison v Meridian Shipping PTE

243

What judge in what case stated the volenti defence is objective?

LJ Stocker in Morris v Murray

244

Why was the claim on loss in earning capacity rejected in Gray?

Causation and inconsistency

245

Tomlinson v Congleton BC general

Swimming

246

In what case did the court fail to recognise they could adjust damages to reflect relevant contribution, instead just applying CN as done before LR(CN)A?

Yachuk v Oliver Blais

247

Woodley v Met District Railway judgment

Knowledge meant assent in middle 19th century

248

What was the status of CN prior to 1945?

Complete defence

249

Reeves v MPC judgment

HoL said inconsistent to allow defence of volenti to arise upon act which D had DoC to prevent

250

What is an example of an intentional act of C giving rise to CN claim?

Reeves v MPC

251

What is the express agreement volenti scenario now govern by?

UCTA and UTCCR

252

What is the requirement of causation for CN?

C's carelessness is a legal cause of the damage, and not too remote

253

Vellino v Chief Constable of Greater Manchester judgment

Illegality is a freestanding defence - criminal offence of evading arrest so no claim

254

Davies v Mann general

Hobbled donkey

255

What case showed that by the end of the 19th century, knowledge was insufficient for the volenti defence?

Smith v Baker

256

Corr v IBC Vehicles general

Disfigurement, clinical depression, suicide

257

Joyce v O'Brien general

Ladder, footplate

258

Law Com 2010

Gray showed law developing along recommendation lines, so no legislative reform needed

259

What does the case of Froom v Butcher show about standards of care required to avoid CN?

Not looking at what MOST people do, but what they OUGHT to do

260

Why did volenti apply in Morris?

C was only merry - very much aware

261

Ladder, footplate

Joyce v O'Brien

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