Consent and Contributory Negligence

Question 1

What is the two-part test for consent?

Answer 1

Did the claimant
1) appreciate the risk of harm to themself
2) freely accept the risk of harm

Question 2

In which case did the claimant not appreciate the risk of harm to himself?

Answer 2

Sterner v Lawson - the claimant hadn’t been shown how to properly use the motorbike

Question 3

In which case did the claimant not freely accept the risk of harm?

Answer 3

Smith v Baker - they had already complained and their employer had forced them to continue

Question 4

In which case were damages reduced due to contributory negligence?

Answer 4

Stinton v Stinton (reduced by 1/3)