Defences- contributory negligence- COMPLETE Flashcards
What are the two main defences to negligence?
-Contributory negligence.
-Consent.
What is contributory negligence?
-When the C is partly to blame for the damage that they’ve sustained.
What act outlines contributory negligence?
-The law reform (contributory negligence) act 1945
What does the success of contributory negligence mean?
-Damages reduced according to how much C’s contributed to own harm.
-This will be directed by a judge.
Which cases relate to contributory negligence?
-Hayer V Hanow urban district council.
-Jayes V IMI
Hayer V Hanow urban district council.
-Amount set by judge and then reduce it by percent C is responsible.
Jaynes V IMI
-100% reduction if it was completely C’s fault.