Flash Cards Tort Defences to Negligence
What is the principle of Volenti non fit injuria?
Voluntary assumption of risk is a defence in negligence.
What was the outcome of the case involving Volenti non fit injuria?
The defendant was not liable as the plaintiff had consented to the risks involved.
What is the principle of Contributory Negligence?
Contributory negligence reduces damages if the plaintiff is partly responsible for their own injury.
What was the outcome of Owens v Brimmell (1977)?
Topic: Contributory Negligence
Principle: Contributory negligence reduces damages if the plaintiff is partly responsible for their own injury.
Summary: Plaintiff injured in a car accident while both parties were negligent.
Outcome: The court reduced the plaintiff’s damages by the degree of contributory negligence.
What is the principle regarding consent in Wooldridge v Sumner (1963)?
Topic: Defences to Negligence (Volenti non fit injuria)
Principle: Consent to a risk may preclude liability for negligence if the claimant voluntarily accepts it.
Summary: A spectator at a horse race was injured by a jockey’s horse.
Outcome: The court found the claimant had voluntarily assumed the risk and the defendant was not liable.
What was the outcome of Wooldridge v Sumner (1963)?
Topic: Defences to Negligence (Volenti non fit injuria)
Principle: Consent to a risk may preclude liability for negligence if the claimant voluntarily accepts it.
Summary: A spectator at a horse race was injured by a jockey’s horse.
Outcome: The court found the claimant had voluntarily assumed the risk and the defendant was not liable.
What is the principle of contributory negligence in Froom v Butcher (1976)?
If a plaintiff contributes to their own injury, their damages may be reduced.
What was the outcome of Froom v Butcher (1976)?
The court reduced the damages by 20% due to the claimant’s contributory negligence.
What was the outcome of Jones v Livox Quarries Ltd (1952)?
Topic: Defences to Negligence (Contributory Negligence)
Principle: Contributory negligence reduces the damages awarded when a claimant is partially at fault for the injury.
Summary: A worker was injured after riding on a tractor without adequate safety measures.
Outcome: The court reduced the damages due to the claimant’s contributory negligence.
What is the principle of contributory negligence in relation to safety measures?
Contributory negligence reduces the damages awarded when a claimant is partially at fault for the injury.
What was the outcome of Stapley v Gypsum Mines Ltd (1953)?
Topic: Defences to Negligence (Contributory Negligence)
Principle: Contributory negligence can reduce the damages if the claimant’s actions contributed to their injury.
Summary: A worker was injured while handling materials, and it was argued that the company failed to ensure safety.
Outcome: The court found that the worker was partly at fault, and reduced the damages by 25%.
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What is the principle of the seatbelt defence in Froom v Butcher (1976)?
The failure to wear a seatbelt can reduce damages in a car accident case if it is shown that wearing a seatbelt would have reduced the severity of injuries.
What was the outcome of Capps v Miller (1989)?
Topic: Defences to Negligence (Volenti non fit injuria)
Principle: The defence of volenti non fit injuria (consent to the risk) can be used to negate negligence liability if the claimant willingly assumed the risk of harm.
Summary: A passenger was injured in a car accident after agreeing to travel in an unsafe vehicle.
Outcome: The court ruled that the passenger was not entitled to damages due to consent.
