defences to negligence

Question 1

what are the two defences available to negligence?

Answer 1

Contributory negligence
Consent

Question 2

what is contributory negligence?

Answer 2

Where the claimant has partially caused/contributed to their own injury/loss

Question 3

what is consent?

Answer 3

Where the claimant has consented/agreed to accept risk of harm

Question 4

how will the judge calculate contributory negligence?

Answer 4

The judge will calculate the percentage. The claimant has contributed, and it will be removed from their damages.

Question 5

give a case, example of contributory

Answer 5

Sayers V Harlow

Question 6

what act did contributory negligence come from?

Answer 6

law reformcontributory negligence act, 1945

Question 7

Give a case of 100% contributory negligence

Answer 7

jayes v jmi

Question 8

give an example of contributory negligence in road, traffic accidents, and the result on damages

Answer 8

Failure to wear, a seatbelt is an automatic, 25% deduction

Question 9

what is consent also known as/ Latin name?

Answer 9

volenti

Question 10

What three parts must the defendant proof to prove consent?

Answer 10

The claimant had knowledge of the precise risk
The claimant must’ve exercised a free choice
The risk must be voluntarily accepted

Question 11

Give a case, example, for consent, where the claimant has knowledge at the precise risk

Answer 11

steamer v Lawson

Question 12

give a case, example, for consent where the claimant must’ve exercised a free choice

Answer 12

Smith v Baker

Question 13

Give a case, example, for consent, where the risk must’ve been voluntarily accepted

Answer 13

Haynes v hardwood

Question 14

Give a case, example for consent and medical negligence

Answer 14

sidaway v belham

Question 15

give a case, example, for consent, and the claimant acting against employers orders

Answer 15

ICI Ltd v shatwell

Question 16

Can the claimant be a passenger in the defendants vehicle be used as a defence in negligence?

Answer 16

No, even with negligent, driving with an overly drunk driver

Question 17

What is mitigation of loss?

Answer 17

The claimant is required to mitigate their loss by keeping their losses to a minimum

Question 18

What is the difference between mitigation of loss and contributory negligence?

Answer 18

mitigation of loss is after the incident
Contributory negligence is during the incident