Defences Flashcards
1
Q
S1(1) Law Reform (Contributory Negligence) Act 1945
A
The court will apportion damages where both parties (C & D) are at fault on the basis of
- the fault of blameworthiness of C
- casual link between that fault and the damage suffered by C
Froom v Butcher (1976) seatbelt case
2
Q
Volenti non fit injuria
A
Consent to, or assumption of risk to harm - if successful it will be a complete defence
to be successful :-
A tort must have been committed
A voluntary agreement, not just knowledge - smith v baker (1891)
3
Q
Ex turpi causa
A
A person who is a wrongdoer cannot benefit with damages when injured.
Policy considerations
A person who claims injury whilst they were in the process of stealing a car will not succeed.
4
Q
Baker v Hopkins (1959)
A
A rescuer should not be met with a defence, because at the time of rescue the risk already exists
