Remedies and Defences

Question 1

Volenti needs full knowledge of the risk

Answer 1

Dann v Hamilton (1939)

Question 2

Illegality is a complete defence when linked with the tort

Answer 2

Pitts v Hunt (1991)

Gray v Thames Trains (2009)

Question 3

Contributory negligence deductions for failure to wear a seat belt

Answer 3

Froom v Butcher (1976)

Question 4

Special damages

Answer 4

Damages for financial losses sustained from the date of accident to the date of trial

Question 5

General Damages

Answer 5

Cover past and future pain, suffering and loss of amenity. Also includes future losses

Question 6

Ogden tables

Answer 6

Contain multipliers used to calculate future losses. Take into account accelerated receipt of damages.

Question 7

Fatal Accident Act 1976

Answer 7

Covers claims made by dependents following a death

Question 8

Law Reform (Miscellaneous Provisions) Act 1934

Answer 8

Covers claims made by the estate from the date at the accident to the date of death

Question 9

Prohibitory and Mandatory

Answer 9

Types of injunctions granted by the court when damages would not be an adequate remedy.