Defences (chapter 25)

Question 1

Sayers v Harlow urban district council (1958) - bus station

Answer 1

. Claimant went to toilet at bus station and became trapped
. She tried too climb out cubicle by standing on toilet holder and fell and injured her leg
. Council who maintained toilets were liable but damages were reduced by 25% because of the careless way she tries to escape

Question 2

Jayes v IMI Ltd 1985) - finger

Answer 2

. Claimant lost finger while cleaning machine at work
. Employers were liable for breach of statutory provision to maintain guard on the machine
. Claimant was at fault for removing the guard and 100% contributorily negligent

Question 3

Haynes v Harwood (1935) - horse

Answer 3

. Claimant policeman was injured trying to restrain a horse that had not been properly tied by defendant
. Defence failed as claimant was acting under duty to protect public - he was not acting voluntarily