Defences

Question 1

Contributory negligence

Answer 1

Any damages awarded to C can be reduced according to the extent to which C contributed to his own harm

Question 2

Stinton v Stinton

Answer 2

Facts: C knew the driver was drunk, C was injured in a car accident.

Held: damages reduced by 1/3- Court stated if it wasn’t obvious to a reasonable person then C wouldn’t have been contributory negligent

Question 3

Consent

Answer 3

Complete defence, C accepts a voluntary assumption of the risk of harm- subjective test

Question 4

ICI v Shatwell

Answer 4

Facts: C and his brother were quarry workers. C ignored his employer on use of detonators and followed his brother’s instructions instead. C injured when a detonator exploded.

Held: C assumed the risk after ignoring his employer therefore consented to it