Negligence: Defences Flashcards
Which law established the defence of contributory negligence?
The Law Reform Act 1945.
What does the law allow the courts to do?
Provide any damages to the claimant can be reduced by a percentage according to the extent to which C contributed to their own injuries.
What is the maximum amount of contributory negligence the courts can rule on?
100%.
What 3 things does the judge decide for this defence?
The amount of damage without contributory negligence.
The extent of C’s blame.
The % reduction in C’s damage.
What does Sayers VS Harlow tell us about the defence of contributory negligence?
C’s actions can reduce damage by a certain %age.
Why is the case of Jays VS IMI so important?
The case was found 100% contributory negligent.
What type of defence is Volenti Fit Injuria?
A full defence.
What must D prove about C for a Volenti Fit Injuria defence?
C must have fully understood the nature of risk involved not just have been aware of its existence.
What did Nettleship Vs Weston tell us about the defence of Volenti Fit Injuria?
Insurance can state getting in a car/doing something with a learner does not waive rights to compensation.
What was the principle of Smith Vs Baker?
C was aware of the risk and didn’t use free choice in working there.
What are the differences between the defences of Volenti and Contributory Negligence?
Volenti Fit Injuria is a full defence whilst Contributory Negligence is a variable defence.
Why is Volenti Fit Injuria used less often than Contributory Negligence?
It is harder to apply and prove.
