defences to negligence Flashcards
what is contributory negligence?
a partial defence where both the claimant and the defendant have to be responsible for the damage
how much does contributory negligence reduce the claimant’s claim?
by the amount that the court considers equitable
the courts can apportion the loss between the parties
what must the defendant prove in contributory negligence?
that the claimant failed to take reasonable care for their own safety and that this failure was a partial cause of their damage
what is ex turpi (illegality)
when successful can act as a complete bar to a claim
can be raised when the claimant’s case is connected with the fact that they have committed a criminal act
why is ex turpi a thing?
it would not be fair to compensate people who have just committed a crime
what is the wide rule - ex turpi?
the party cannot recover compensation for loss which has been suffered in consequence of their own criminal act
what is the narrow rule - ex turpi?
damages cannot be recovered if it is the result of a criminally imposed sentence
what is volenti?
he who volunteers should not complain
the claimant must consent to the risk of negligence
what must the defendant show for volenti?
that the claimant had full knowledge of both the nature and the extent of the risk
