General defences and negligence Flashcards
Murray v Morris
For defence of volenti the claimant must know of full risk.
Knew of full risk where got into plane with man who had had 17 whiskeys
Smith v Charles Baker & Sons
Where consent given in the context of employment courts will interpret this very strictly as courts rarely regard consent as freely given.
Dann v Hamilton
Implied acceptance of risk only possible where the risk is tantamount to tampering with an unexploded bomb
Statutory reference for contributory negligence
S1 Law Reform (Contributory Negligence) Act
Jones v Linox
INjury sustaiend must be related to fault
Ahston v Turner
Ex turpi
Allied Maples v Simmon and Simmons
Only consequential economic loss can be claimed
Nettleship v Weston
Duty between driver and passenger
Caparo v Dickman
Reasonably foreseeable
Fair just and reasoanble
Proximate
Wilshere v Essex
Standard fo care judged agaisnt act not actor
AEC v Latimer
Only reasonable precautions have to be taken. Putting sawdust down was reasonable. Closing factory was not.
Fitzgerald v Lane and patel
Apportionment
Knightley v Johns
ONly unreasonable or unforeseeable acts will break the chain of causation
Smith v Leechbrain
Thinskull rukle
Frrom v Butcher
Contrib neg throguh nto wearing a seatbelt
McKew v Holland
Claimant as NAI in jumping down stairs when knew of bad knee (employment situation)
Knightely v Johns
3rd party as NAI in not closing tunnel. Policeman injured in car crash. Meant defendat was not liable, 3rd party was
Battery
The direct and intentional application of force by the defendant to the claimant without lawful authority
Fagan v police
Direct, intentional application of force - battery
Cole v turner
The least touching is force
Battery must either be hostile or not consented to
Wilson v Pringle - hostile
Nash v sheen - no consent
Assault definition
An act of the D which directly and intentionally causes the claimant to apprehend battery or physical contact
R v Beasley
An act which produces in the defendant a reasonable expectation of immediate unlawful force
False inprispnment
An act of the defendant which directly and intentionally causes a restriction of the liberty of the claimant without force.
Heard v weardale steel
Miner falsely imprisoned
