Defences Flashcards
What kind of defence is contributory negligence?
Partial defence
What does the defence of contributory do if successful?
Reduces damages to reflect the level of fault
What is contributory negligence?
Claimant is partially at fault for their own loss due to their own negligence
Elements of contributory negligence
- C was negligent
- their negligence contributed towards their loss
Children are unlikely to be found to have failed to take proper care for their own safety
Gough v Thorns
Gough v Thorns
Children are unlikely to be found to have failed to take proper care for their own safety
Sayers v Harlow Council
Court more likely to find contributory negligence than C breaking the chain of causation
Court more likely to find contributory negligence than C breaking the chain of causation
Sayers v Harlow Council
What type of defence is volenti non fit injuria?
A complete defence
What is volenti non fit injuria?
D proves that C voluntarily accepted a risk of harm
Elements of volenti non fit injuria?
- C fully understood the nature of the risk
- C accepted the risk voluntarily
When will volenti non fit injuria NOT be available as a defence?
If C has a duty to act and is then injured because of D’s negligence
Smith v Baker and Sons
C consents to the risk, not to a lack of care
Volenti non fit injuria is NOT a defence if C has a duty to act and is then injured because of D’s negligence
Haynes v Harwood
Haynes v Harwood
Volenti non fit injuria is NOT a defence if C has a duty to act and is then injured because of D’s negligence
