Defences

Question 1

Contributory negligence

Answer 1

-A partial defence
-Defendant argues that claimant partly caused the injuries suffered
-Law reform (contributory negligence) Act 1945 provides any damages awarded to the claimant can be reduced according to the extent or level to which they had contributed to their own harm
-Possible for 100% of damages to be reduced - James v IMI Ltd

Question 2

Cases where damages were reduced

Answer 2

-Commonly used in claims for injuries or damage suffered in road traffic accidents.
-O’Connell v Jackson
-Froom v Butcher

Question 3

Volenti non Fit Injuria

Answer 3

-A complete defence
-Used when defendant shows claimant voluntarily accepted risk of harm or injury
-Cannot be used for S 149 of Roads Traffic Act 1988 - Due to third party insurance

Question 4

What must be proved for Volenti non Fit Injuria

Answer 4

1. Claimant knew of the precise risk involved
2. Claimant exercised free choice
3. Claimant voluntarily accepted the risk