all defences cases

Question 1

what are the two tort defences

Answer 1

contributory negligence, consent

Question 2

what is the effect of a sucessfull plea of contributory negligence

Answer 2

Cs damages are reduced

Question 3

what is a case for CN involving a toilet

Answer 3

sayers

Question 4

case for CN when damages were reduced by 100%

Answer 4

jayes

Question 5

case for CN involving c not wearing their seatbelt

Answer 5

froom

Question 6

case for CN involving asbestos and smoking

Answer 6

badger

Question 7

what are the three things that must be proved for the defence of consent

Answer 7

1. c had knowledge of the precise risk
2. c exercised free will
3. c voluntarily accepted the risk

Question 8

what can consent not be used as a defence for

Answer 8

road traffic accidents

Question 9

what is the effect of a successfully raising consent

Answer 9

c will receive no damages

Question 10

case for c having no choice but to accept risk for consent

Answer 10

smith- workers complained but still had to work when d did nothing

Question 11

case for obvious risk

Answer 11

liverpool abattoir- the more obvious the risk, the less likely that the defence will be successful

Question 11

case for obvious risk

Answer 11

liverpool abattoir- the more obvious the risk, the less likely that the defence will be successful

Question 12

case for consent involving football

Answer 12

condon- c did not consent to foul play