Negligence: Defences Flashcards
What are the different defences for a negligence claim?
Contributory Negligence
Consent
What is contributory negligence?
A partial defence, results in reduction of damages
Claimant contributes to their own negligence
What is a case for contributory negligence?
Sayers v Harlow Urban DC
What happened in Sayers v Harlow Urban DC?
Claimant trapped in toilet, tried to escape, contributed to her own negligence
Damages were reduced
What is consent?
Defendant must show:
The claimant had full knowledge of the precise risk invovled
The claimant excercised free choice
The claimant voluntarily accepted the risk
What is a case for consent?
Ogwo v Taylor
What happened in Ogwo v Taylor?
Claimant was a fireman who suffered burns to his upper body from heat due to the penetrations of his protection clothing
Defence of consent was invalid, defendant owed claimant a duty of care
