contributory negligence Flashcards
how many cases does contrib neg affect
1 in 4
under what act does contrib neg come
law reform (contrib neg) act 1945
case where lost 25% damages for trying to escape toilet
sayers v harlow udc
5% lost for riding bike case
jones v livox quarries
case where liable for burst pipe but not further damage caused by gypsies
lamb v LB camden
3 reasons for the defence according to atiyah
morality, detterence, compensation
Which act imposed a duty under criminal law for front seat passengers to wear a seatbelt?
Road Traffic Act 1988 s14
Which case held that damages could be reduced for CN for not wearing a seatbelt?
Froom v Butcher
True or false, failure of parents to ensure belt is worn creates right of action by child against parents?
Which case?
True - Williams v Williams (25% contribution)
In what case did denning lay out the percentage deductions if wearing a belt, and what are they?
Froom v butcher.
25% if C would not have been injured if a belt had been worn
5% if injuries would have been a ‘good deal less severe’
0% if the same
Which case said the formula for deductions was not statute?
Salmon v Newland
Which case said the reduction will be higher if additional actors of CN, i.e. Driver knew his breaks were defective
Gregory v Kelly - 40% deduction
Excuses for not wearing seatbelt- which case rejected 3 and what were they?
Froom v Butcher
Forgetting to wear belt
Refusing to wear it believing it dangerous
Not being told by driver
Give an example of an excuse for not wearing a belt that has succeeded
Condition that meant seatbelt would do more harm than good - Froom v butcher.
Others could be: belt defective, reversing, phobia of being trapped (condon)
In which case would the claimant have been injured the same even if he was wearing a helmet (cyclist)?
Reynolds
