Negligence - Defences: Illegality Flashcards
Illegality: PRINCIPLE
Standard Chartered Bank v Pakistan National Shipping Corporation and others:
> ‘public policy requires that the Courts will not lend their aid to a man who founds his cause of action upon an immoral or illegal act
Wide forms of this defence
C cannot recover damages from D on losses that C has incurred as a result of their criminal actions
How does it work? Court will consider:
1 - the link between C’s illegal and potential immoral behaviour and tort
2 - a range of relevant factors to determine whether illegality should be applied to defeat the claim
Requiremets for the illegality defence
It is for D to prove on a balance of probabilities that all 3 requirements are met:
1 - C has engaged in illegal or immoral behavior
2 - There is a sufficient link between C’s behaviour and tort
3 - Considering all relevant factors, the claim should be defeated
Pitts v Hunt
> C. & D. had been drinking and C was a passengeron D.’s motorbike.
> C. knew that D. not have insurance or a licence and still encouraged D. to drive recklessly –> Led to a collision where D died whilre C was seriously injured.
> C. sued D.’s estate in negligence.
Was C.’s claim sufficiently linked to ‘playing a full and active part in encouraging D, to commit offences’ for the illegality defence to apply? —> YES defence did apply because C took part in this criminal activity
Joyce v O’brien 2012
C. and D. (his uncle) stole ladders from the front garden of a home and loaded the ladders into a van. The ladders would not fit, and C. stood on the footplate/bumper at the back of the van, holding the ladders and the van door.
D. drove the van away (within the speed limit). As D. drove around a sharp bend in the road, C. fell off. C. was seriously injured and sued D.
Was C.’s claim or sufficiently linked to their criminal joint enterprise [for the illegality defence to apply? —> YES defence did apply because they both took part in a criminal act
