Defences to a negligence claim

Question 1

Contributory negligence

Answer 1

Law reform act outlines - that the damages awarded to C can be reduced in proportion to the amount that C contributed to the damage suffered.
Sayers v Harlow council= C climbed on toilet paper holder to escape toilet, holder gave way resulting in injury. Court decided thee council was liable for negligent maintenance however C’s damages were reduced by 25% in accordance to the injuries being her own fault

Question 2

James v IMI

Answer 2

C lost his finger at work. Employers were liable for no placing a guard on the machine. However it was found that C had in fact taken the guard off making him 100% liable for his injuries

Question 3

Consent

Answer 3

A defendant myst prove that the claimant consented with

• full knowledge of the precise risk
• exercise of free choice by the claimant
• voluntarily accepted the risk

Question 4

Stermer v Lawson

Answer 4

Defence of consent failed due to the claimant not properly being shown how to use the motorbike