Negligence (Defences)

Question 1

What is the effect of the Law Reform (Contributory Negligence) Act 1945?

Answer 1

It reduces damages according to the extent to which the claimant has contributed to their own injuries.

Example: C’s damages will be reduced by a percentage as he partly caused his own injuries when he didn’t wear a helmet.

Question 2

What is the principle of volenti non fit injuria?

Answer 2

It is a full defence where the claimant fully understood the nature of the risk and exercised free choice, except in road traffic cases.

Example: C did fully understand the nature of the risk when he walked up the ladder that he knew was broken, and clearly exercised free choice when accepting the risk.