Defences in Tort Flashcards
What type of defence is contributory negligence?
General and partial
What Act does contributory negligence come under?
LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT 1945
What is contributory negligence?
The amount of damages awarded against D can be reduced by the judge according to the extent to which C has contributed to their own harm
What must D prove to be successful with contributory negligence?
- C was negligent in that she failed to take reasonable care in the circumstances for her own safety
- C’s fault was a contributory cause of the harm suffered
What does the case JONES V LIVOX QUARRIES say about contributory negligence?
C’s behaviour must mean that the harm was reasonably foreseeable and C should take into account the possibility of others being careless
At what age are people incapable of contributory negligence?
Under 5
What does the case FROOM V BUTCHER say about contributory negligence?
C’s fault must have helped to cause the harm that she suffered
What type of defence is consent?
Complete
What does D need to prove to be successful with consent?
C was aware of the specific risk of injury that occurred and C willingly agreed to run the risk
What does the case MORRIS V MURRAY say about consent?
Where C is intoxicated, the question is whether C was so intoxicated that she was incapable of appreciating the specific risk
What does the case SMITH V CHARLES BAKER & SONS say about consent?
The defence will not succeed where C has no choice but to accept the risk
What does the case HAYNES V HARWOOD say about consent?
Consent is not available where C is a rescuer going to a person’s aid because they are under a moral or legal duty to act
What does the case ICI V SHATWELL say about consent?
If an employee acts against employer’s orders or statutory rules then consent will be available
What does the case CONDON V BASI say about consent?
In a sporting context, consent will succeed where the injuries are a result of conduct that falls within what can be reasonably expected in the sport
