Contributory Negligence And Consent Flashcards
What is Contributory Negligence?
Where the claimants own behaviour was below the standard of a reasonable person AND this behaviour lead to claimants loss.
What act made Contributory Negligence available?
The law reform act 1945
Give an example of where the claimant was responsible for the accident happening. This lets Contributory Negligence apply.
Brannon v airtours
What is brannon v airtours
C was attending a party night organised by D. He climbed on a table in order to get out and collided with a low fan hanging from the ceiling. Although D had breached his duty in arranging the room so that C had to climb on the furniture, the court also held that C was partly to blame for standing on a table despite warnings not to. C’s damages were reduced by 50%.
Give an example where C has not caused the accident but their actions made their injuries or losses worse than they should have been. Therefore applying contributory negligence
Froom v butcher
What happend in Froom v butcher
In Froom v Butcher, C did not wear a seatbelt in a car. The court held that in such situations damages should be reduced by between 15% and 25%.
What does volenti (consent) mean
Consent is where C knows there is a risk of D acting negligently and freely consents to take that risk.
Give an example of a case where the defence stood as consent was given.
In Morris v Murray
What happend in morris v murray
In Morris v Murray, C and D spent several hours drinking, then decided to go for a trip in D’s light aircraft. The plane crashed, D was killed and C seriously injured. C’s action against D’s estate for the pilot’s undoubted negligence failed as C was fully aware of the risk of negligence on D’s part but went ahead anyway?
Give an example of where the defence fell as consent was not freely given
In Smith v Baker, C was working on a railway line when he was injured by material falling from a crane that swung overhead. D argued that C consented to this risk as he had continued to work for several weeks while the crane was doing this. THE COURT HELD THAT SIMPLY KNOWING THE RISK DID NOT AMOUNT TO CONSENT, particularly where C had little choice, as he needed the job.
Give another example of where defence fell as consent was not freely given
In Haynes v Harwood, a horse ran amok in a busy street due to D’s negligence. C tried to stop the horse and was injured. D argued he consented by choosing to get involved. The court held that consent was not freely given as C felt a MORAL OBLIGATION to try to help people in danger.
Which one of contributory negligence and consent is a complete defence?
Consent
