Defences to Negligence

Question 1

definition of contributory negligence

cases

Answer 1

c has partly caused or contributed to his injuries - partial defence

case
LAW REFORM (CONTRIBUTARY NEGLIGENCE) ACT 1945
any damages awarded to c can be reduced according to the extent or level which the c has contributed to his own harm
- SAYERS V HARLOW URBAN DISTRICT COUNCIL
partial defence - only reduces damages
- JAYES V IMI (KYNOCH)
can be 100% reduction in damages

Question 2

2 steps of contributory negligence

Answer 2

1- c failed to take proper care in the circumstances for their own safety
2- cs failure to take care was a contributory cause of the damage

Question 3

1st step and case

Answer 3

c failed to take proper care in the circumstances for their own safety

case
GOUGH V THORNS
a very young child can’t be guilty of contributory negligence

Question 4

2nd step and case

Answer 4

cs failure to take care was a contributory cause of the damage

case
O’CONNELL V JACKSON
damages reduced when rider of moped suffered greater injures as not wearing a helmet
FROOM V BUTCHER
damages reduced when driver of car suffered greater injuries as not wearing a seatbelt
STINTON V STINTON
damages reduced for knowingly accepting a lift from a drunk driver