Defences

Question 1

What are available defences ?

Answer 1

1. Contributory negligence
2. Consent
3. Illegality

Question 2

Contributory Defence by what statute?

Answer 2

S1(1) Law Reform ( Contributory Negligence) Act 1945 - reduce damages to deliver just & equitable outcome

Question 3

Contributory negligence defence facts:

Answer 3

1. Partial defence
2. Reduced damages just & equitable outcome
3. Claimant partly at fault for harm caused
4. Not usually applicable to rescuers 5.Child claimants held against standard of reasonable child of the same age **(Gough v Throne)
5. Court can make allowance for workers sense if danger of it is impaired by noise or repetitive tasks, fatigue or confusion (Powell)
6. Apportion liability between parties on a percentage basis - share responsibility and damages are reduced