Defences To A Negligence Claim

Question 1

What are the two types of defences to a negligence claim?

Answer 1

Contributory negligence

Consent (volenti non fit injuria)

Question 2

Which act provides for the defence of contributory negligence regarding liability in negligence?

Answer 2

The Law Reform (Contributory Negligence) Act (1945)

Question 3

The Law Reform (Contributory Negligence) Act (1945)

Answer 3

Provides for the defence of contributory negligence.

Question 4

What case is an example of when contributory negligence reduced damages owed by D partially?

Give brief facts.

Answer 4

Sayers v Harlow Urban District Council (1958)

Facts: woman trapped in toilet injured herself whilst attempting to escape.

Question 5

Sayers v Harlow Urban District Council (1958)

Answer 5

Example of contributory negligence which lead to a PARTIAL reduction in damages.

Facts: woman trapped in public toilet injured herself whilst trying to escape.

Question 6

What case is an example of a 100% reduction in damages due to a successful defence of contributory negligence?

Answer 6

Jayes v IMI Ltd. (1985)

Facts: claimant took protective guard of machine to clean it and was injured.

Question 7

Jayes v IMI Ltd. (1985)

What is this case an example of regarding defences to a negligence claim?

Answer 7

One of contributory negligence that lead to a 100% reduction in damages.

Facts: C removed protective guard to clean equipment and was injured.

Question 8

What case is an example of reduction in damages (contributory negligence) due to not wearing a helmet whilst riding a bike?

Give brief facts.

Answer 8

O’Connell v Jackson (1972)

Facts: rider not wearing helmet. Damages reduced 15%

Question 9

O’Connell v Jackson (1972)

Answer 9

Example of when a rider wasn’t wearing a crash helmet leading to a reduction in damages owed.

Question 10

What case is an example of a reduction in damages (contributory negligence) due to driver not wearing seat belt?

Answer 10

Froom v Butcher (1976)

Question 11

Froom v Butcher (1976)

Answer 11

Example of a reduction in damages due to contributory negligence as the driver was not wearing a seat belt.

Question 12

What case is an example of a reduction in damages from accepting a lift from a drunk driver whom then crashes?

Answer 12

Stinton v Stinton (1993)

Facts: C knew driver was drunk but accepted lift. Was injured in crash. Damages reduced by 1/3.

Question 13

Stinton v Stinton (1993)

Answer 13

Case example of a reduction in damages owed as the C accepted a lift from a driver he knew to be drunk and was then injured.

Question 14

What three things must be satisfied for a defence of consent regarding a defence to a negligence claim?

Answer 14

1) knowledge of risk
2) free choice
3) voluntary acceptance of risk

Question 15

What case is an example of a failed defence of consent as C was unaware of risk?

Answer 15

Stermer v Lawson (1977)

Facts: C borrowed bike from D but didn’t know how to ride and was injured.

Question 16

Stermer v Lawson (1977)

Answer 16

Principle: for defence of consent in negligence. C must be aware of risk.

Facts: in this case C not aware of risk as didn’t know how to ride the bike he was lent.

Question 17

What case demonstrates that for a defence of consent to a negligence claim C must have had free choice?

Answer 17

Smith v Baker (1891)

Facts: C complained about working underneath crane but was made to regardless. No defence allowed.

Question 18

Smith v Baker (1891)

Answer 18

Principle: C must exercise free choice.

Facts: C already complained about working under crane but was made to anyway and injured. No defence allowed.

Question 19

What case shows that a defence of consent is not allowed if C is acting under public duty?

Answer 19

Haynes v Harwood (1935)

Facts: policeman had to restrain D horse and was injured.

Question 20

Haynes v Harwood (1935)

Answer 20

Principle: defence of consent against negligence claim cannot be used if C is acting under public duty.

Facts: Policeman had to restrain D horse and was injured.

Question 21

What case shows that in medical negligence claims, not every possible risk has to be explained for a defence of consent?

Answer 21

Sidaway v Governors of Bethlem and Maudsley Hospitals (1985)

Facts: D failed to inform C of risk of paraplegia but did gain general consent for an operation. Defence of consent allowed.

Question 22

Sidaway v Governors of Bethlem and Maudsley Hospitals (1985)

Answer 22

Principle: in medical negligence claims, not every specific risk has to be stated for a defence of consent.

Facts: D did not inform C of specific risk of paraplegia but acquired general consent. Defence of consent allowed.

Question 23

What case demonstrates that if C ignores his employer’s instructions then C a defence of consent is allowed?

Answer 23

ICI Ltd. v Shatwell (1965)

Facts: C took brother’s advice and ignored employer’s instructions on use of detonator. Defence of consent allowed.

Question 24

ICI Ltd. v Shatwell (1965)

Answer 24

Principle: if C ignores employer instructions that are based on statute then defence of consent is allowed.

Facts: C took brother’s advice and ignored employer’s advice injured himself with detonator.