Defences Flashcards
2 defences
- contributory negligence
- consent
what type of defence is contributory negligence and what does it do
partial defence that reduces C’s claim
what does contributory negligence mean
C was at fault for contributing towards their own damage
contributory negligence is a statutory defence under what act
the Law Reform (Contributory Negligence) Act 1945
4 elements of contributory negligence
1) c was partly at fault in bringing about their own harm or injury
2) must be a casual link between c’s contributory negligence + their injury
3) must take into account the blameworthiness of C’s and D’s conduct + the extent of their fault in causing C’s damage
4) C’s damages must be reduced by an amount which is just and equitable
what case states that contributory negligence can be applied where C is partly to blame for the accident. C stood on table despite being told not to - damages reduced by 50%
Brannon v Airtours
contributory negligence can be applied where C was not to blame for the accident, but their actions made injuries or loss worse e.g. ….. in …..
e.g. not wearing a seatbelt as in Froom v Butcher : damages will be reduced by 15-25% for not wearing a seatbelt
what type of defence is consent
complete defence if successful
when does consent apply (2)
1) C knows there is a risk of D acting in a negligent way
2) freely consents to take that risk
in what case did the claim fail against the estate of a drunk pilot when plane crashes as C was drinking with the late D before flight so we’ll aware of the risk of negligence
Morris v Murray
consent must be freely given or…
defence will fail
in what case did courts reject defence of consent - just because C knew the crane had been swinging for a few weeks did not mean he consented when material fell from crane and injured him. Particularly where…
Smith v Baker - particularly where C had little choice but to work as he needed the job
