Defences To A Negligence Claim Flashcards
What are the two types of defences to a negligence claim?
Contributory negligence
Consent (volenti non fit injuria)
Which act provides for the defence of contributory negligence regarding liability in negligence?
The Law Reform (Contributory Negligence) Act (1945)
The Law Reform (Contributory Negligence) Act (1945)
Provides for the defence of contributory negligence.
What case is an example of when contributory negligence reduced damages owed by D partially?
Give brief facts.
Sayers v Harlow Urban District Council (1958)
Facts: woman trapped in toilet injured herself whilst attempting to escape.
Sayers v Harlow Urban District Council (1958)
Example of contributory negligence which lead to a PARTIAL reduction in damages.
Facts: woman trapped in public toilet injured herself whilst trying to escape.
What case is an example of a 100% reduction in damages due to a successful defence of contributory negligence?
Jayes v IMI Ltd. (1985)
Facts: claimant took protective guard of machine to clean it and was injured.
Jayes v IMI Ltd. (1985)
What is this case an example of regarding defences to a negligence claim?
One of contributory negligence that lead to a 100% reduction in damages.
Facts: C removed protective guard to clean equipment and was injured.
What case is an example of reduction in damages (contributory negligence) due to not wearing a helmet whilst riding a bike?
Give brief facts.
O’Connell v Jackson (1972)
Facts: rider not wearing helmet. Damages reduced 15%
O’Connell v Jackson (1972)
Example of when a rider wasn’t wearing a crash helmet leading to a reduction in damages owed.
What case is an example of a reduction in damages (contributory negligence) due to driver not wearing seat belt?
Froom v Butcher (1976)
Froom v Butcher (1976)
Example of a reduction in damages due to contributory negligence as the driver was not wearing a seat belt.
What case is an example of a reduction in damages from accepting a lift from a drunk driver whom then crashes?
Stinton v Stinton (1993)
Facts: C knew driver was drunk but accepted lift. Was injured in crash. Damages reduced by 1/3.
Stinton v Stinton (1993)
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.
What three things must be satisfied for a defence of consent regarding a defence to a negligence claim?
1) knowledge of risk
2) free choice
3) voluntary acceptance of risk
What case is an example of a failed defence of consent as C was unaware of risk?
Stermer v Lawson (1977)
Facts: C borrowed bike from D but didn’t know how to ride and was injured.
Stermer v Lawson (1977)
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.
What case demonstrates that for a defence of consent to a negligence claim C must have had free choice?
Smith v Baker (1891)
Facts: C complained about working underneath crane but was made to regardless. No defence allowed.
Smith v Baker (1891)
Principle: C must exercise free choice.
Facts: C already complained about working under crane but was made to anyway and injured. No defence allowed.
What case shows that a defence of consent is not allowed if C is acting under public duty?
Haynes v Harwood (1935)
Facts: policeman had to restrain D horse and was injured.
Haynes v Harwood (1935)
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.
What case shows that in medical negligence claims, not every possible risk has to be explained for a defence of consent?
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.
Sidaway v Governors of Bethlem and Maudsley Hospitals (1985)
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.
What case demonstrates that if C ignores his employer’s instructions then C a defence of consent is allowed?
ICI Ltd. v Shatwell (1965)
Facts: C took brother’s advice and ignored employer’s instructions on use of detonator. Defence of consent allowed.
ICI Ltd. v Shatwell (1965)
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.
