Defences And Remedies (tort) Flashcards
What does ‘volenti non fit injuria’ mean?
It is Latin for ‘to a willing person, injury is not done’.
What must a defendant prove to successfully use the defence of volenti?
The defendant must prove that the claimant had knowledge of the risk and willingly consented to accept that risk.
In the case of Morris v Murray, what was the outcome regarding the defence of volenti?
The Court of Appeal accepted the defence of volenti and overturned the trial judge’s decision.
Why can volenti rarely be used as a defence in negligent driving cases?
The Road Traffic Act 1988 states that willingly accepting the risk of a driver’s negligence does not negate the driver’s liability.
How is volenti applied in sporting activities?
It is generally a defence for injuries sustained during sporting activities as players are seen to have consented to the risks.
In Wooldridge v Sumner, what was the outcome concerning the rider’s duty of care?
The Court of Appeal held that there had been no breach of duty because the rider was not negligent.
What is contributory negligence?
It is when a claimant’s own carelessness contributes to their injuries, which reduces the damages payable.
When was the Law Reform (Contributory Negligence) Act enacted?
It was enacted in 1945.
What did Badger v Ministry of Defence (2006) demonstrate about contributory negligence?
The claimant’s damages were reduced by 20% due to his smoking worsening his condition.
What factors do courts consider when apportioning blame in negligence cases?
Causation and culpability, or the relative blameworthiness of the claimant and defendant.
In Froom v Butcher, what reduction in damages was suggested for failing to wear a seatbelt?
A 25% reduction if the injuries could have been avoided altogether, and 15% if less severe injuries would have occurred.
What is ‘ex turpi causa non oritur actio’?
It is Latin for ‘no action arises from a dishonourable claim’.
What limitation exists for claims based on ex turpi causa?
There is no liability in tort for injuries sustained while engaging in unlawful or immoral acts.
What circumstance did Vellino v Chief Constable of Greater Manchester illustrate?
A suspect could not sue the police after being injured while resisting arrest, as it was illegal.
What did the ruling in Revill v Newberry (1996) establish about the burglar’s claim?
The burglar was awarded damages, but they were reduced by two-thirds due to contributory negligence.
What defines general damages in tort law?
General damages are for losses not capable of being calculated before trial, such as pain and suffering.
What are special damages?
Special damages are calculated at the time of trial, such as medical expenses and loss of earnings.
What is the purpose of contemptuous damages?
These are awarded when the court believes the claim should not have been brought, often symbolically low.
What are aggravated damages?
These are awarded over and above the basic compensation due to aggravating factors surrounding the initial harm.
What purposes do exemplary damages serve?
Exemplary damages are meant to punish the defendant and deter similar future conduct.
What is a prohibitory injunction?
A court order instructing the defendant not to engage in a specific behavior.
What is the difference between a quia timet injunction and an interim injunction?
Quia timet is obtained before harm occurs, while an interim injunction is granted during ongoing litigation.
What are the conditions for granting an interim injunction?
There must be a serious issue to be tried and the balance of convenience must favor granting the injunction.
What does ‘one who seeks equity must do equity’ mean in the context of injunctions?
It means that a claimant must have acted fairly to be granted an injunction.
