Defences Flashcards
Which act/section covers contributory negligence?
Law Reform (Contributory Negligence) Act 1945 s.1
Sayers v Harlow UDC (1958) 1 WLR 623
Contributory Negligence
Toilet cubicle - she contributed to her own injuries. Reduction of 25%.
Campbell v Gillespie 1996 SLT 503
Contributory Negligence
Unlit vehicle parked on side of the road - negligence. However pursuer’s husband was partly to blame as he was speeding. 60% drivers fault /40% parked cars fault
Jackson v Murray [2015] UKSC 5
School bus stopped - 13-year-old crosses road behind bus and gets hit by car going the speed limit. Driver argued girl should have known not to cross behind a bus.
SC changed reduction from 90% to 50/50 as there was too much focus on causative potency and not blameworthiness. If you see parked school bus you are likely to slow down.
Galbraith’s Curator v Stewart (No.2) 1998 SLT 1305
Capacity of children for contributory negligence.
should depend on the nature of the particular danger and the child’s capacity to appreciate it.
Grant v Caledonian Railway Co (1870) 9 M 258
Capacity of children for contributory negligence.
girl was killed crossing railway line which led to her house - railway line didn’t have crossings. Court held it didn’t matter what her age was.
Who must establish contributory negligence?
The defender must prove the pursuer contributed to some extent to the damage or injury they complain of through their own fault.
What is causative potency?
causation - the extent to which each party’s own actions caused the harm
What is blameworthiness?
extent to which each party ought in fairness to be regarded as responsible.
What does ‘volenti non fit injuria’ mean?
to one consenting, no wrong is done
a defence of volenti is when the pursuer has consented to the risk undertaken by the defender
which is a complete defence: contributory negligence, volenti and ex turpi causa?
volenti and ex turpi causa
who has to establish volenti?
defender must establish that the pursuer had knowledge of risk and that they willingly assented to it
Morris v Murray
two friends took off in aircraft following an afternoon of drinking. Plane crashes and passenger sues the pilot.
Defence of volenti is successful as passenger knew pilot had been drinking.
What statute can we see the defence of volenti?
Occupier Liability (Scotland) Act 1960 s.2(3)
What does ‘ex turpi causa non oritur actio’ mean?
no action arises from an immoral cause.
no liability arises between parties jointly engaged in a criminal undertaking.
