Defences To Nelgignece And Damages Flashcards
1
Q
3 defences to negligence
A
Volenti non fit induria
Contributory negligence
Statutory permission
2
Q
Contributory
A
Froome V butcher
V contributed to their own harm so damages will be rescue by percentage they contributed
3
Q
Volenti
A
To a willing person injury is not done
If person voluntary assumes risk of harm they cannot sue later
4
Q
Remedies
A
Pecuniary
Non pecuniary
5
Q
Pecuniary
A
Damages
Easily quantifiable
Eg
Money lost, medical bills, loss of earnings
6
Q
Non pecuniary
A
No clear monetary value - intangible
Injury it’s self
Loss of amenity
7
Q
Non pecuniary - money for injury it’s self case
A
Kemp V kemp
8
Q
Loss of amenity damages case
A
West V Shepard
9
Q
Aim of damages
A
Put c into the position he was in before the tortious act as far as can be achieved by money
