Defences and Remedies

Question 1

Contributory negligence

Answer 1

Partial defence
Law Reform Act 1945
Any damage to the claimant can be reduced by a percentage due to the extent of how much of the injury was contributed to by the claimant.
Sayers v Harlow

Question 2

Violenti Non Fit Injuria

Answer 2

D shows C voluntarily accepted a risk of harm, full defence
* C fully understood the risk AND
* C exercised self control by accepting the risk.
Nettleship v Weston

Question 3

Negligence remedies

Answer 3

Damages Act 1996
* Provide compensation to put the claimant into their pre-tort position.
* C is under a duty to mitigate loss
* Private treatment cannot be paid for
* C cannot claim for replacing damaged property with something higher in value.

Question 4

Negligence remedies: Pecuniary loss

Answer 4

• Financial losses which can be calculated
• Court awards special damages

Question 5

Negligence remedies: Non-pecuniary loss

Answer 5

• Pain and suffering loss of amenity
• Court will award general damages

Question 6

Court damages

Answer 6

*awards lump sum (all in one) or a structured settlement (small payments for a set amount of time).

Question 7

Occupiers liability: Defences

Answer 7

*Warnings
* Contributory negligence
* Violenti Non Fit Injuria

Question 8

Occupiers liability: Warnings

Answer 8

S2(4)(a);
* Oral or written warning
* Needs to be enough to keep visitor safe
* More likely to be effective with adults
* No duty against obvious risks.
Darby v National Trust

Question 9

Occupiers liability: Violenti Non Fit Injuria

Answer 9

Applies under s.2(5) OLA 1957
An exclusion clause under s.2(1) OLA can exclude liability.

Question 10

Occupiers liability: remedies

Answer 10

Personal injury claim:
* Pecuniary losses
* Non-pecuniary losses

Question 11

Private Nuisance: defences

Answer 11

• Statutory authority
• Prescription
• Act of stranger

Question 12

Private Nuisance: Statutory authority

Answer 12

Act of Parliament authorizes D’s actions
Coventry v Lawrence

Question 13

Private Nuisance: Prescription

Answer 13

Where the nuisance has existed for over 20 years to the specific claimant and they did not complain until now, the defendant has a prescriptive right to continue.
Miller v Jackson

Question 14

Private Nuisance: Act of stranger

Answer 14

Interference occurred because of the actions of someone else D did not have control of.
Sedleigh Denfield v O’Callaghan

Question 15

Private Nuisance: remedies

Answer 15

• Damages
• Injunction
• Abatement

Question 16

Private Nuisance: Damages

Answer 16

Coventry v Lawrence:
Damages should be awarded, local authority planning permission was granted/public interest was included.

Question 17

Private Nuisance: Injunction

Answer 17

• Prohibitory injunction: prevents D from using the land completely
• Partial Injunction: Limits the activity or the timing of it.
  Lemmon v Webb

Question 18

Private Nuisance: Abatement

Answer 18

C can take reasonable steps to deal with ay nuisance themselves without taking legal proceedings.

Question 19

Rylands v Fletcher: Defences

Answer 19

• Act of stranger
• Common benefit
• Violenti Non Fit Injuria
• Act of God
• Statutory authority

Question 20

Rylands v Fletcher: Common benefit

Answer 20

• Benefits both D & C or just C.
  Dunne v North West Gas Board

Question 21

Rylands v Fletcher: Remedies

Answer 21

Awarded special damages to put them in pre-tort position
Personal injury claims are unlikely.