General defences and negligence

Question 1

Murray v Morris

Answer 1

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

Question 2

Smith v Charles Baker & Sons

Answer 2

Where consent given in the context of employment courts will interpret this very strictly as courts rarely regard consent as freely given.

Question 3

Dann v Hamilton

Answer 3

Implied acceptance of risk only possible where the risk is tantamount to tampering with an unexploded bomb

Question 4

Statutory reference for contributory negligence

Answer 4

S1 Law Reform (Contributory Negligence) Act

Question 5

Jones v Linox

Answer 5

INjury sustaiend must be related to fault

Question 6

Ahston v Turner

Answer 6

Ex turpi

Question 7

Allied Maples v Simmon and Simmons

Answer 7

Only consequential economic loss can be claimed

Question 8

Nettleship v Weston

Answer 8

Duty between driver and passenger

Question 9

Caparo v Dickman

Answer 9

Reasonably foreseeable
Fair just and reasoanble
Proximate

Question 10

Wilshere v Essex

Answer 10

Standard fo care judged agaisnt act not actor

Question 11

AEC v Latimer

Answer 11

Only reasonable precautions have to be taken. Putting sawdust down was reasonable. Closing factory was not.

Question 12

Fitzgerald v Lane and patel

Answer 12

Apportionment

Question 13

Knightley v Johns

Answer 13

ONly unreasonable or unforeseeable acts will break the chain of causation

Question 14

Smith v Leechbrain

Answer 14

Thinskull rukle

Question 15

Frrom v Butcher

Answer 15

Contrib neg throguh nto wearing a seatbelt

Question 16

McKew v Holland

Answer 16

Claimant as NAI in jumping down stairs when knew of bad knee (employment situation)

Question 17

Knightely v Johns

Answer 17

3rd party as NAI in not closing tunnel. Policeman injured in car crash. Meant defendat was not liable, 3rd party was

Question 18

Battery

Answer 18

The direct and intentional application of force by the defendant to the claimant without lawful authority

Question 19

Fagan v police

Answer 19

Direct, intentional application of force - battery

Question 20

Cole v turner

Answer 20

The least touching is force

Question 21

Battery must either be hostile or not consented to

Answer 21

Wilson v Pringle - hostile

Nash v sheen - no consent

Question 22

Assault definition

Answer 22

An act of the D which directly and intentionally causes the claimant to apprehend battery or physical contact

Question 23

R v Beasley

Answer 23

An act which produces in the defendant a reasonable expectation of immediate unlawful force

Question 24

False inprispnment

Answer 24

An act of the defendant which directly and intentionally causes a restriction of the liberty of the claimant without force.

Question 25

Heard v weardale steel

Answer 25

Miner falsely imprisoned