Damages

Question 1

Contributory negligence

Answer 1

Damages awarded to C are reduced.

Question 2

Who decides if contributory negligence is given

Answer 2

Law Reform CN Act

Question 3

How is contributory negligence decided

Answer 3

Judge decides % claimant is responsible and reduce damages by that.

Question 4

What type of defence is contributory negligence?

Answer 4

Partial defence

Question 5

Froom-v-butcher

Answer 5

If you avoid wearing seatbelt reduction by 25%
Would have received less severe injuries-15%
Injuries would be same-no reduction

Question 6

Volenti non fit injura

Answer 6

D has to show claimant consented

Question 7

3 facts to volenti non fit injura

Answer 7

knew risk involved
exercise free choice
voluntarily accept risk

Question 8

Fully consented case

Answer 8

Stermer

Question 9

Duty to act volenti non fit injura

Answer 9

person injured by D’s negligence

Question 10

Duty to act volenti non fit injura case

Answer 10

Ogwo

Question 11

What can the volenti non fit injura not be used for?

Answer 11

Can not be used for road traffic accidents

Question 12

who regulates traffic accidents?

Answer 12

road traffic act

Question 13

What test is used for volenti non fit injura?

Answer 13

subjective

Question 14

Medical negligence case

Answer 14

Sidway