Defences In Tort Flashcards
What is the name of the act for contributory negligence?
LAW REFORM ACT 1945
What type of defence is it?
Partial and general
What must D probe for contributory negligence?
1) C must negligent that she failed to take to take reasonable care in the circumstances of her own safety and
2) C’s fault was a contributory cause of the harm suffered (not the accident)
What case is used that C must take into account the possibility of others being careless?
JONES v LIXOX QUARRIES
What is the case that C’s fault must have helped cause the harm suffered?
FROOM v BUTCHER
What is consent?
Consent is a complete defence and D will not be liable.
What must D prove for consent?
1) C was aware of the specific risk of injury and
2) C willingly agreed to run that risk.
What is the case if C is so intoxicated that she was incapable of appreciating the specific risk?
MORRIS v MURRAY
When will the defence of consent not work?
Where C had no choice but to accept the risk: SMITH
Can D a rescuer use consent as a defence?
No because he is under a legal duty to act: HAYNES v HAYWOOD
