Defence Flashcards
1
Q
Contributory Negligence
A
Where the claimant is partly responsible then the Law Reform Act 1945 applies and damages may be reduced according to the amount of the claimant’s fault.
2
Q
Consent
A
There will be no liability where the claimant has consented to the danger. D must show:
1) Claimant had full knowledge of risk involved
2) Claimant exercised free choice
3) Claimant voluntarily accepted the risk
3
Q
Warning Notice
A
Complete defence. Can be written or oral. s.2(4) Occupiers’ Liability Act 1957 a warning is ineffective unless in all the circumstances it was enough to enable the visitor to be reasonably safe.
