Defences Flashcards
1
Q
What is Contributory negligence?
A
-when claimant either contributes to the cause of an accident or level of his injuries.
-reducing the award of damages which can be reduced by 100%
E.g. road traffic collisions there may be a contributory negligence for instance where C failed to wear a seat belt
2
Q
What is Consent Volenti non fit Injuria?
A
a defence concerns a voluntary assumption of the risk harm by claimant.This means that no injury is due to one who consents to the risk. It is a complete defence and means if used successfully claimant will receive no damage
3
Q
How to succeed in the defence of Consent?
A
1)Knowledge of the precise risk involved
2)Exercise of free choice by claimant
3)A voluntary acceptance of the risk
