Defenses for Negligence

Question 1

What is contributory negligence? Is it a full defense? Which statute/section codifies this defense?

Answer 1

Contributory negligence is when the claimant is partly responsible for the harm they have suffered. It is only a partial defense (Law Reform (Contributory Negligence) Act 1945 s1(1)).

Question 2

How do you calculate contributory negligence’s damages? What act/section codifies this?

Answer 2

First you must know total value and then subtract percentage of contribution (Law Reform (Contributory Negligence) Act 1945 s1(2)).

Question 3

This case involves the claimant getting in a car accident without a seat belt. Give facts, ratio, and verdict briefly.

Answer 3

(Froom v Butcher). Faulty driver D hits C, C not wearing seat-belt, C injured, C sues in negligence. Held: damages decreased by 20%. Ratio: law requires you to take care.

Question 4

This case regards an alcoholic and drug addict that fell. Give facts, question, ratio, and verdict briefly.

Answer 4

(St George v Home Office). A man who was an alcoholic and drug would get fits. He was arrested and put on a bed without constraints even-though it was known that he gets fits. He fell and injured himself. Question: is there contributory negligence here because he caused his own fits by his addictions? Held: Home Office liable. Ratio: the cause of the fits was too remote.

Question 5

Does contributory negligence apply for assault and battery cases? Which case illustrates this?

Answer 5

Contributory negligence does not apply to assault and battery cases (Co-operative Group Ltd v Pritcard).

Question 6

When one assumes risk, can they sue for contributory negligence? Which case illustrates this? Give facts briefly.

Answer 6

No with exceptions (Morris v Murray - drunk friends steal a plane).

Question 7

This case shows that if someone acts on a desire to save lives then it is unlikely that they assumed risk.

Answer 7

(Baker v Hopkins).

Question 8

This case shows that if a prisoner commits suicide when it is know that there is a risk, and no precautions are taken, then the prison is liable.

Answer 8

(Reeves).

Question 9

What if someone, for the purposes of assuming responsibility, accepted a contract that excludes liability for negligence in death and personal injury? Does the acceptance of such a contract mean that C assumes responsibility? Which act/section codifies this?

Answer 9

The (Unfair Contract Terms Act 1977, s2(3)) states that someone does not assume responsibility if they accept such a contract.

Question 10

Can the claimant’s act of illegality fail claim? Which case illustrates this?

Answer 10

Yes it can fail the claim (Holaman v Johnson).

Question 11

This case shows that illegality does not apply when the illegal act is linked to the liability in question.

Answer 11

(Delaney v Pickett).