Tort Defences Flashcards
1
Q
What are the two tort defences?
A
1.Contributory Negligence
2.Consent(volenti non fit injuria)
2
Q
What is contributory negligence?
A
Law reform Act 1945: Sets out that damages awarded to the claimant can be reduced proportionately if it can be proven that C contributed to their own harm. This happens when both C and D are responsible for harm.
3
Q
The case of Sayers v Harlow Urban District Council has an example of the partial defence of contributory negligence in a case. What happened in this case?
A
C got locked in a bathroom stall, tries to climb over to escape but tripped and fell over. Found 25% at fault.
