8. General Defences Flashcards
1
Q
Morris v Murray
A
C must be aware of full extent of risk for volenti
2
Q
Smith v Charles Baker
A
Agreement to risk must be voluntary
3
Q
Dann v Hamilton
A
Knowing about a risk doesn’t imply agreement to it, unless it is equivalent to meddling with an unexploded bomb’
4
Q
Law Reform (Contributory Negligence) Act 1945, s 1
A
Contib - where C suffers partly through his own fault and partly through another’s, damages will be reduced to extent court considers this ‘just and equitable’
5
Q
Froom v Butcher
A
Contrib applies to not wearing seatbelt
6
Q
Gough v Thorne
A
Child injured while crossing road not held to be contributorily negligent
7
Q
O’Connell v Jackson
A
Contrib applies to failure to wear crash helmet
8
Q
Ashton v Turner
A
Ex turpi