Contributory Negligence and Volenti Flashcards
What is Contributory Neg and Volenti about?
It’s when a claimant loses a % of their winnings because they failed to take reasonable care fr their own safety.
‘Who’ and ‘what as’ is contributory negligence put forward?
The defendant puts it forward as a defense.
Where does contributory negligence come up?
In the OLA or general negligence.
What is the first part of Contributory negligence?
The % is lost if the claimant is partly responsible for their injury, not the accident.
What is the second factor in contributory negligence?
How careful you ought to be is subjective and up to the judge.
What is the first factor of the Volenti defense?
The claimant has to have known of the risk and go on to take it.
What is the second part of the Volenti defense?
Claimant must have freely consented to take the risk.
What is the 3rd and last point of Volenti?
If the claimant has done something incredibly stupid court will say they have freely consented.
How many points of law is there in Contributory negligence and Volenti?
CN - 2
Volenti - 3
