Defences to Negligence

Question 1

what are the two defences to negligence?

Answer 1

• contributory negligence

- consent

Question 2

what is the general rule of contributory negligence?

Answer 2

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

• (Law reform (Contributory Negligence) Act 1945)
  
  • (Sayers v Harlow Urban District Council)-partial defence
  • (Jayes v IMI (Kynach) Ltd.)-can be 100% reduction in damages

Question 3

what is the first step of contributory negligence?

Answer 3

c failed to take proper care in the circumstances for their own safety
-(Gough v Thomas)-young child can’t be guilty

Question 4

what is the second step of contributory negligence?

Answer 4

C’s failure to take care was a contributory cause of the damage

• (O’Connell v Jackson)-helmet
• (Froom v Butcher)-seatbelt
• (Stinton v Stinton)-drunk driver

Question 5

what is the general rule of consent?

Answer 5

full defence-if successful, c receives no damages

• c voluntarily accepts the risk of harm
• (S.149 Road Traffic Act 1988)-can’t be used for road traffic accidents

Question 6

what is the first step of consent?

Answer 6

d has to show knowledge of the precise risk involved

• (Morris v Murray)
• (Sidaway v Governors of the Bethlem Royal and Maudsley Hospitals)-medical negligence

Question 7

what is the second step of consent?

Answer 7

c has exercised free choice

-(Smith v Baker)-d will not succeed where c has no choice

Question 8

what is the third step of consent?

Answer 8

c voluntarily accepted the risk

• (Condon v Basi)-consent to the risk of injury
• (Haynes v Harwood)