Defences

Question 1

What types of consent exist under Volenti?

Answer 1

Express and Implied (Smith v. Baker).

Question 2

Can employers use Volenti to exclude vicarious liability? Give a case to support this.

Answer 2

Yes, as seen in ICI v. Shatwell as the employee was acting on his own accord.

Question 3

What did Nettleship v. Weston establish in relation to Volenti?

Answer 3

In merely questioning about insurance, the C. was not consenting to run the risk of injury.

Question 4

What does the s. 149 RTA 1988 state regarding Volenti?

Answer 4

‘Any antecedent agreement shall have no effect’, thus Volenti will not apply in vehicle scenarios.

Question 5

Which case contradicted s. 149 of the RTA 1988?

Answer 5

Morris v. Murray - C. knew the pilot was drunk, yet still accompanied him.

Question 6

Will Volenti apply to rescuers?

Answer 6

No, as seen in Salmon v. Seafarer’s.

Question 7

When will Volenti apply to rescuers? Give a case to support this.

Answer 7

When there is no emergency, as seen in Cutler v United Dairies.

Question 8

When will Volenti apply during a sporting match?

Answer 8

When playing within the rules (Condon v. Basi).

Question 9

Are spectators of sport said to have consented? Give a case to support this.

Answer 9

Yes, as seen in Woolridge v. Sumner.

Question 10

What is the claimant said to have done in contributory negligence?

Answer 10

Consented to the damage.

Question 11

Give a case when contributory negligence failed.

Answer 11

Woods v. Davidson - C. wasn’t partly to blame as the injuries would have happened regardless of whether they were drunk.

Question 12

What did the Law Reform (Contributory negligence) Act 1945 do?

Answer 12

Sought to eliminate the ‘all or nothing’ approach - meaning that C.’s can still be compensated whilst being partly to blame.

Question 13

Which case laid down the blameworthiness for not wearing a seatbelt in a collision?

Answer 13

Froom v. Butcher.

Question 14

Which case laid down the blameworthiness for not wearing a crash helmet?

Answer 14

O’Connell v. Jackson

Question 15

Give examples of when the Claimant had reached the standard of care in order to reduce contributory negligence.

Answer 15

• Age - Gough v. Stone - 13 year old girl couldn’t appreciate the dangers of crossing a road.
• Age - Yackuk v. Oliver Blais - 9 Year old couldn’t appreciate the danger of petrol
• Jones v. Boyce - C. had acted as a prudent man would.

Question 16

Can a person who has accepted a ride from a drunk person be said to have contributed? Give a case to support this.

Answer 16

Yes, Owens v. Brimmel.

Question 17

Give a case where the court apportioned blameworthiness in relation to contributory negligence.

Answer 17

Fitzgerald v. Lane.