7. Defences

Question 1

two main tort defences

Answer 1

1. contributory negligence
2. volenti non fit injuria (consent)

Question 2

contributory negligence: definition/explanation

Answer 2

C was at fault for contributing to their own damage

Law Reform (Contributory Negligence) Act 1945

NOT complete defence

C partly to blame for accident (Brannon v Airtours)

C not to blame but their actions made injuries/loss worse (Froom v Butcher)

Question 3

contributory negligence: criteria

Answer 3

(1) C partly at fault in bringing about their own harm or injury
(2) casual link between Cs contributory negligence and their injury
(3) take into account blameworthiness of Cs and Ds conduct and the extent of their fault in causing Cs damage
(4) Cs damages must be reduced by an amount which is just and equitable

Question 4

volenti non fit injuria (consent): definition/criteria

Answer 4

COMPLETE DEFENCE

(1) C knows that there is a risk of D acting in a negligent way (Morris v Murray)

(2) C freely consents to take that risk (Smith v Baker)