negligence- defences

Question 1

what are the two types of negligence defenses

Answer 1

contributary negligence
consent (volenti) negligence

Question 2

what is contributary negligence

Answer 2

an allegation that the claimant has partly cause or contributed to their own injuries.

Question 3

what act is needed for contributary negligence

Answer 3

Law Reform (Contributory Negligence) Act 1945

Question 4

what does this mean for the claimant

Answer 4

any damages awarded to the claimant can be reduced according to the extent or level to which the claimant had contributed to his own harm

Question 5

what is a case example of this

Answer 5

Sayers v Harlow 1958- damages reduced by 25%

Question 6

what is consent (volenti) negligence

Answer 6

an allegation that the claimant consented or agreed to accept the risk of harm

Question 7

what does this mean for the claimant

Answer 7

the claimant voluntarily accepts a risk of harm. If it is successful the claimant will receive no damages

Question 8

to succeed, what 3 things does the defendant need to show

Answer 8

Claimants knowledge of the precise risk involved

Exercise of free choice by the claimant

A voluntary acceptance of the risk

Question 9

is volenti subjective or objective- and why?

Answer 9

subjective- defense only applied where the claimant does actually know the risk

Question 10

what is a restriction (an act)

Answer 10

s.149 Road Traffic Act 1988, which provides that the defence cannot be used for road traffic accident because of third party insurance