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Tort > Defences to negligence > Flashcards

Defences to negligence Flashcards

1
Q

What are the defences?

A
  • contributory negligence
  • voluntary assumption of risk
  • illegality
  • limitation
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2
Q

Voluntary assumption of risk latin

A

Volenti non fit injuria

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3
Q

Illegality latin

A

ex turpi causa

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4
Q

What type of defence is contributory negligence?

A

Partial defence

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5
Q

What is the statutory basis of contributory negligence governed by?

A

Law Reform (Contributory Negligence) Act 1945 S.1(1)

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6
Q

Jones v Livox Quarries 1952

A

Defines contributory negligence

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7
Q

Defines contributory negligence

A

Jones v Livox Quarries 1952

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8
Q

Definition of contributory negligence

A
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9
Q

The standard of care for contributory negligence is modified for illness that prevents C from appreciating the risk

A

Spearman v Bath NHS 2017

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10
Q

Spearman v Bath NHS 2017

A

The standard of care for contributory negligence is modified for illness that prevents C from appreciating the risk

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11
Q

The standard of care for contributory negligence is modified for children

A
  • Gough v Thorne 1966
  • Jackson v Murray 2015
  • Young v Kent CC 2005
  • Gul v McDonagh 2021
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12
Q
  • Gough v Thorne 1966
  • Jackson v Murray 2015
  • Young v Kent CC 2005
  • Gul v McDonagh 2021
A

The standard of care for contributory negligence is modified for children

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13
Q

What type of defence is voluntary assumption of risk?

A

A complete defence

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14
Q

What is required for the defence of voluntary assumption of risk to be effective?

A

The risk of harm, its nature and extent

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15
Q

Dann v Hamilton 1939

A

Knowing the risk is not enough, it must be accepted

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16
Q

Knowing the risk is not enough, it must be accepted

A

Dann v Hamilton 1939

17
Q

Application of the defence of VAR to passengers in road traffic accidents is excluded by what?

A

S.149 of the Road Traffic Act 1988

18
Q

S.149 of the Road Traffic Act 1988

A

Excludes application of the defence of VAR to passengers in road traffic accidents

19
Q

What is voluntary assumption of risk?

A

C knows the risk of harm, its nature and extent, and voluntarily consents to such risk

20
Q

Morris v Murray 1991

A

Intoxication does not render C incapable of appreciating and consenting to risk

21
Q

Intoxication does not render C incapable of appreciating and consenting to risk

A

Morris v Murray 1991

22
Q

Illegality

A

C cannot recover
compensation for loss they have suffered as a result of
their own illegal actions

23
Q

Pitts v Hunt 1991

A
24
Q
A

Pitts v Hunt 1991

Tort (12 decks)

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