Defenses remedies case law

Question 1

morris v murray

Answer 1

Morris v Murray established the principle that individuals who voluntarily participate in a risky activity cannot later hold others liable for resulting injuries. It underscores the concept of voluntary assumption of risk.

Question 2

Smith v Baker

Answer 2

In Smith v Baker, the claimant voluntarily accepted the risks associated with his job, preventing a successful personal injury claim. It exemplifies the defense of volenti non fit injuria.

Question 3

Condon v Basi

Answer 3

Condon v Basi is an example of how the defense of volenti non fit injuria can be applied in cases involving sports and recreational activities. It demonstrates the concept of voluntary participation.

Question 4

Haynes V Harwood

Answer 4

Volenti non fit injuria applies with limited risk awareness if there was an opportunity to know the risks.

Question 5

Sidaway v Governors of Bethlehem Royal Hospitals:

Answer 5

Informed consent can be a defense in medical negligence cases.

Question 6

Sayers V Harlow UDC

Answer 6

Duty of care owed to lawful visitors in occupiers’ liability cases.

Question 7

James v IMI

Answer 7

Employers have a duty to provide a safe working environment.

Question 8

Froom Butcher

Answer 8

Reduction of damages for contributory negligence in personal injury claims.

Question 9

Stinton v Stinton

Answer 9

Principles related to financial settlements and maintenance orders in divorce proceedings.

Question 10

Badger v Ministry of defence

Answer 10

The Ministry of Defence’s duty of care to military personnel in employer liability cases.