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Law Second Year > Tort Law - Defences to Negligence > Flashcards

Tort Law - Defences to Negligence Flashcards

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1
Q

Petrol station, Wild West

A

Yachuk v Oliver Blais

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2
Q

Evans LJ in Revill v Newberry

A

One thing to deny gains from illegal conduct, but another to deny compensation for personal injury

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3
Q

What judge in what case stated that the last opportunity doctrine was now inappropriate after LR(CN)A?

A

Denning in Jones v Livox Quarries

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4
Q

Law Com 2009 Consultation Paper

A

Insufficient flexibility and discretion so broad it would be uncertain for illegality defence to go on statutory footing

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5
Q

Adams v Lancashire and Yorkshire Railway judgment

A

CN, bc not in situation which ‘obliged him to adopt alternative of a dangerous leap or to remain at certain peril’

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6
Q

What did Atiyah highlight about CN reductions?

A

D is usually insured, but C’s CN is usually personally borne, means negligent people do not pay for consequences but CN people do

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7
Q

Helicopter

A

Morris v Murray

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8
Q

Baker v TE Hopkins judgment

A

No CN - judge situation from rescuer’s point of view

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9
Q

Pitts v Hunt general

A

Motorcycle drunk

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10
Q

Latin phrase for voluntary assumption of risk

A

Volenti non fit injuria

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11
Q

In what case did the ECJ say compensation can only be limited in ‘exceptional circumstances’, appearing to complicate CN?

A

Candolin v Pahjola

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12
Q

Woolridge v Sumner judgment

A

No application of volenti

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13
Q

Churchill v Wilkinson

A

Thought CN reduction fell within Candolin, and thus no breach of EU law

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14
Q

L&O on Froom guidelines and EU law

A

May be inconsistent with Motor Insurance Directive

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15
Q

Why is the case of Canterbury Medical Council v Taylor doubted?

A

Only risk of injury need be accepted for volenti, not injury itself

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16
Q

When were the recommendations by the Law Revision Committee 8th Report enacted?

A

1945

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17
Q

Why couldn’t C claim future earnings in Hewison v Meridian Shipping PTE?

A

Would have only got future earnings if he had continued with the deception

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18
Q

What judge in what case stated that it is one thing to deny gains from illegal conduct, but another to deny compensation for personal injury?

A

Evans LJ in Revill v Newberry

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19
Q

Social security benefits, joint purchase

A

Tinsley v Milligan

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20
Q

Glofcheski on Pitts v Hunt

A

They refused to set the standard, showing judicial abstention

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21
Q

Case on impossibility of ascertaining standard of care for illegality defence

A

Pitts v Hunt

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22
Q

What did LJ Diplock focus on in Woolridge v Sumner?

A

Reasonable acts of reasonable person in D’s situation, ignoring C’s consent or lack thereof

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23
Q

What judge in Vellino v Chief Constable of Greater Manchester applied illegality under FJR limb - one of many factors?

A

Sedley LJ

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24
Q

Why has the defence of illegality developed more in recent years

A

Elimination of the volenti defence for motor vehicle accidents

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25
Q

What did the court in Apotex highlight there is no need to assess?

A

Significance of illegalit

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26
Q

Translation of ex turpi causa no oritur actio

A

No action arises from a disgraceful cause

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27
Q

What academic required two strands of knowledge for volenti defence?

A

Jaffey

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28
Q

What two cases showed that volenti does not operate if C’s act was one which D had a DoC to prevent?

A

Kirkham v Chief Constable of Greater Manchester; Reeves v MPC

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29
Q

What are the two possible scenarios for the volenti defence?

A

Express agreement D will not sue C if the risk materialises into an injury, or implicit in situation that C agrees to the risk

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30
Q

How many people, at the time of Froom v Butcher, did not wear their seatbelt?

A

75%

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31
Q

What two strands of knowledge does Jaffey require for volenti defence?

A

C fully aware of possibility of negligence, and fully ware of facts making it likely D would commit specific act of negligence

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32
Q

What two cases show that if CN was not available for actions prior to 1945, not available after Act either

A

Pritchard v CoOp and Standard Charters Bank v Pakistan Shipping

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33
Q

Butterfield v Forrester general

A

Pole, horse, ‘riding violently’

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34
Q

To what do the courts look in order to ascertain implied agreement?

A

C’s conduct

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35
Q

To what torts does the illegality defence apply?

A

All torts generally

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36
Q

What did Denning say on application of causation in Jones v Livox?

A

Changed after LR(CN)A - last opportunity doctrine now inappropriate

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37
Q

Pritchard v CoOp general

A

Manager hit

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38
Q

Why does Buckley favour Hounga v Allen?

A

Openness and pragmatism

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39
Q

‘No court will lend its aid to a man who founds his cause of action on an immoral or an illegal act’

A

Homan v Johnson

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40
Q

Lord Reid in Staple v Gypsum Mines

A

Consider two factors in particular for apportionment in CN - relative fault of D and C, and causal potency of each party’s contribution

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41
Q

Jones v Livox Quarries on causation

A

Distinction between linked events and that which is ‘no more than part of the history’

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42
Q

Jackson v Murry general

A

Car hit pedesterian

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43
Q

Shot firers, brothers

A

ICI Ltd v Shatwell

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44
Q

Law Com 2001 Consultation Paper

A

Suggested illegality defence go on statutory footing, with ‘structured discretion’

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45
Q

Interlocutory injunction loss, manufacturing illegal

A

Les Laboratoires Servier v Apotex Inc

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46
Q

Afternoon drive, more drunk

A

Dann v Hamilton

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47
Q

Drug addict, bunkbed, withdrawal

A

St George v Home Office

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48
Q

Why did Tinsley v Milligan reject public conscience test?

A

Defence is not discretionary

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49
Q

What did the minority argue for apportionment of CN in Corr v IBC?

A

0%

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50
Q

Joyce v O’Brien judgment

A

If you enter into a criminal act increasing risk to injury, and are injured, the law regards your criminal act as causing your injury

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51
Q

What was the apportionment of CN in Corr v IBC?

A

20% because he had some choice (albeit distorted)

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52
Q

When did LJ Diplock say there would be no application of volenti in Woolridge v Sumner?

A

If DoC stems solely from Donoghue’s ‘neighbourliness’ principle (foreseeability of injury)

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53
Q

Woolridge v Sumner general

A

Horse competition, photographer

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54
Q

What kind of language did Lord Pearce use in ICI Ltd v Shatwell?

A

Contractual

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55
Q

Baker v TE Hopkins general

A

Two workers, well, doctor

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56
Q

Shed shot

A

Revill v Newberry

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57
Q

What judge in Morris v Murray showed concern that the more drunker a D, the better their legal position with regard to volenti?

A

LJ Fox

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58
Q

Hounga v Allen judgment

A

Public policy approach

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59
Q

What modern case shows a radical, open-ended approach to illegality defence?

A

Hounga v Allen

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60
Q

Jones v Livox Quarries on standards of care for CN

A

Degree of care a reasonable person would take

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61
Q

What judge in what case adopted a ‘public conscience’ test in minority for illegality defence?

A

Beldam LJ in Pitts v Hunt

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62
Q

What judge in Gray reasoned through inconsistency?

A

Rodger

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63
Q

What academic favours Hounga approach?

A

Buckley

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64
Q

What English case suggests CN apportionment under Froom falls within Candolin?

A

Churchill v Wilkinson

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65
Q

Name two cases which explore the standard of care expected to avoid CN when D’s negligence created an emergency

A

Adams v Lancashire and Yorkshire Railway; Baker v TE Hopkins

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66
Q

Morris v Murray judgment

A

Volenti applied

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67
Q

Les Laboratoires Servier v Apotex Inc on illegality defence generally

A

Lord Sumption claimed illegality is more ‘judicial abstention’ than a defence

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68
Q

S.1 LR(CN)A

A

CN is not a complete defence, allowing reduction if partly C’s own fault or partly fault of others

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69
Q

Yachuk v Oliver Blais judgment

A

No expectation they would exercise care for their own safety - only 7 and 9

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70
Q

Who refashions the volenti defence as an assessment of P’s conduct?

A

Tan

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71
Q

What did Denning MR say in Gough?

A

Child could never be liable for CN, and older only if to BLAME for failing to take precautions

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72
Q

What are the two ingredients for volenti in implied situation?

A

Knowledge + implied agreement

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73
Q

Famous quote from Dann v Hamilton

A

‘Intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff’

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74
Q

Lexi Holdings v DTZ Debenham

A

LJ Briggs showed Hoffmann’s approach is not a ‘universally applicable test’

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75
Q

Name at least three approaches to illegality defence

A

Criminality irrelevant, impossibility of ascertaining standard of care, relevant to FJR and reliance test

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76
Q

Why did volenti not apply in Corr?

A

Suicide not truly voluntary due to clinical depression

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77
Q

Candolin v Pahjola judgment

A

ECJ said compensation can only be limited in ‘exceptional circumstances’

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78
Q

What case enforced that to apportion CN, judges must balance out ‘strands of policy’ to reflect state responsibility AND personal autonomy

A

Reeves v MPC

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79
Q

Froom v Butcher on apportionment

A

Per Lord Denning, benchmark for ‘classic’ cases at 25% for protective devices at least

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80
Q

What is interesting about the finding of C’s mental health in Reeves v MPC?

A

Found to be of sound mind, and thus act WAS voluntary and well-considered

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81
Q

Dann v Hamilton general

A

Afternoon drive, more drunk

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82
Q

What case expressly rejected public policy required reassessment of Froom guidelines because of increase awareness in importance of protective devices

A

J v Wilkins

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83
Q

Dissenting judge in Vellino v Chief Constable of Greater Manchester

A

Sedley LJ

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84
Q

ICI Ltd v Shatwell judgment

A

Volenti applied - SF knew the risk

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85
Q

What case rejected public conscience test?

A

Tinsley v Milligan

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86
Q

How did Lord Reid characterise someone who deliberately and knowingly disobeys orders, running a risk?

A

Not negligence at all - volenti defence

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87
Q

What judge in what case stated that one person at fault does not ‘dispense with another’s using ordinary care for himself’?

A

Lord Ellenborugh CJ in Butterfield v Forrester

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88
Q

Medical treatment, boxing

A

Watson v British Boxing Board

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89
Q

What judge in what case asked if the child could be to BLAME for failing to take precautions?

A

Denning MR in Gough v Thorne

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90
Q

What standard COULD have been applied in Pitts v Hunt?

A

Nettleship v Weston Ordinary reasonable driver

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91
Q

Candolin v Pahjola general

A

Compensation denied in Finland

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92
Q

What two cases show a reasonable person test to avoid CN reduction is based on what one OUGHT to do, not what the majority DO do

A

Smith v Finch; Froom v Butcher

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93
Q

St George v Home Office considered what would have happened if CN had applied - what was their decision?

A

No reduction whatsoever because C in state facility who knew of his addiction

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94
Q

Motorcycle drunk

A

Pitts v Hunt

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95
Q

What did the judges in Revill v Newberry consider illegality relevant for?

A

Contracts

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96
Q

Standard Charters Bank v Pakistan Shipping general

A

Misrepresented shipping date, pay price

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97
Q

Hewison v Meridian Shipping PTE general

A

Seafarer, epilepsy, deception

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98
Q

Who said that the judgment in Corr showed ‘no understanding of the effect of serious depression’

A

O’Sullivan

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99
Q

Latin phrase for illegality

A

Ex turpi causa no oritur actio

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100
Q

What does turpitude mean?

A

Wrongfulness

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101
Q

What kinds of acts can give rise to a claim for contributory negligence?

A

Intentional AND negligent acts of C

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102
Q

Dillon LJ in Pitts v Hunt

A

Need sufficient causal connection between illegality and injury for illegality defence

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103
Q

Gray showed law developing along recommendation lines, so no legislative reform needed

A

Law Com 2010

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104
Q

Kirkham v Chief Constable of Greater Manchester judgment

A

Not of sound mind so damages, and volenti doesn’t apply if act of C was one which gave D DoC

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105
Q

Jones v Livox Quarries general

A

Riding on back of quarry truck

106
Q

ICI Ltd v Shatwell general

A

Shot firers, brothers

107
Q

What is insufficient for the volenti defence to operate?

A

Mere knowledge

108
Q

Whose approach in Pitts v Hunt was closest to Hoffmann in Grey v Thames Trains?

A

Dillon LJ

109
Q

What judge highlighted how C in Corr was not truly voluntary because of psychiatric illness?

A

Bingham

110
Q

What academic strongly criticised Corr v IBC judgment on CN?

A

O’Sullivan

111
Q

What is apportionment for CN under s.1 LR(CN)A?

A

Reduction as far as it is fair and equitable to reflect their contribution

112
Q

What judge in what case gave the two factors considered in particular to apportion under s.1 LR(CN)A?

A

Lord Reid in Staple v Gypsum Mines

113
Q

What case showed the manipulation of causation test to get the desired outcome in illegality defence?

A

Joyce v O’Brien

114
Q

What does the case of Smith v Finch show about standards of care required to avoid CN?

A

Focusing on what reasonable person OUGHT to do - no interest in how many wore helmet

115
Q

Name at least two cases where illegality was matched with reliance test

A

Hewison v Meridian Shipping PTE; Tinsley v Milligan; Gray v Thames Trains

116
Q

Why was the claim on lost earnings rejected in Gray?

A

Inappropriate for tort to displace criminal penalty on narrow ground of illegality defence

117
Q

Beldam LJ in Pitts v Hunt’

A

Public conscience test

118
Q

Tinsley v Milligan general

A

Social security benefits, joint purchase

119
Q

What did the trial judge recognise in Jones v Livox Quarries?

A

Only risk created by C’s CN was that of being thrown off, and therefore being hit with another vehicle was unforeseeable

120
Q

What did Lord phillips argue in Gray?

A

Illegality doesn’t apply if D’s behaviour is not WHY he was ordered into the institution, e.g. because insanity defence

121
Q

Case rejecting illegality defence by saying criminality irrelevant

A

Revill v Newberry

122
Q

Smith v Finch general

A

Cyclist without helmet

123
Q

Pitts v Hunt

A

Doubted court could order 100% reduction in respect of C’s negligence

124
Q

What did Jackson v Murray say about blameworthiness in CN?

A

That of motorist tends to be higher if between motorist and pedestrian, due to potential to cause damage

125
Q

Hobbled donkey

A

Davies v Mann

126
Q

Homan v Johnson illegality defence definition

A

‘No court will lend its aid to a man who founds his cause of action on an immoral or an illegal act’

127
Q

What case doubted court could order 100% reduction respect of C’s negligence?

A

Pitts v Hunt

128
Q

Smith v Finch on causation

A

Would have made no difference so no CN

129
Q

Gray v Thames Trains general

A

Ladbroke trains, PTSD, stabbing

130
Q

Froom v Butcher on causation

A

It is to C’s DAMAGE, not to the original accident - C need not have contributed to the original accident at all

131
Q

St George v Home Office general

A

Drug addict, bunkbed, withdrawal

132
Q

What case gave a definition of ‘emergency’ to avoid CN reduction?

A

Adams v Lancashire and Yorkshire Railway

133
Q

How was Dann distinguished in Morris?

A

Morris was a lot more extreme, and social convention at play in Dann - hard for C to extricate herself without giving offence

134
Q

Kirkham v Chief Constable of Greater Manchester general

A

Suicide, police custody

135
Q

What judge in Gray reasoned through causation?

A

Hoffmann

136
Q

St George v Home Office judgment

A

Negligence too remote in ‘time, place and circumstance’

137
Q

What case showed that each case is face-dependent for standard of care expected to avoid CN

A

Galbraith’s Curator v Stewart

138
Q

Corr v IBC Vehicles on volenti

A

Did not apply

139
Q

What judge in Gray v thames Trains called Tinsley unhelpful in tort?

A

Hoffmann

140
Q

What section of what Act stated volenti no longer a defence to motor vehicle accidents?

A

S.149 Road Traffic Act 1988

141
Q

Volenti non fit injuria

A

Voluntary assumption of risk

142
Q

What judge in what case stated illegality is more ‘judicial abstention’ than defense?

A

Lord Sumption in Les Laboratoires Servier v Apotex Inc

143
Q

Name a case which explores the standard of care expected from children to avoid CN

A

Yachuk v Oliver Blais; Gough v Thorne; Galbraith’s Curator v Stewart

144
Q

Why is there no need to assess significance of illegality in illegality defence?

A

Narrow version is automatic, and wider is just a question of causation

145
Q

What is a disadvantage of the reasoning in Joyce?

A

Artificial and against orthodox causation

146
Q

What Report recommended legislative change to apply admiralty rules on apportionment based on CN?

A

Law Revision Committee 8th Report

147
Q

‘Intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff’ CASE

A

Dann v Hamilton

148
Q

Adams v Lancashire and Yorkshire Railway general

A

Door of train carriage

149
Q

Ladbroke trains, PTSD, stabbing

A

Gray v Thames Trains

150
Q

Morris v Murray general

A

Helicopter

151
Q

What two situations were required for volenti to operate in Dann?

A

Obvious danger C chose to go into OR impliedly giving D permission to act carelessly

152
Q

What did the Law Commission say was the best rationale for the illegality defence?

A

Consistency in the law

153
Q

What academic highlighted how the judges in Pitts v Hunt refused to set the standard, not that it was impossible?

A

Glofcheski

154
Q

Reeves v MPC general

A

Prison transfer, suicide

155
Q

Pole, horse, ‘riding violently’

A

Butterfield v Forrester

156
Q

What is there a parallel with in the case of Joyce?

A

CN cases - manipulating causation test to get desire outcome

157
Q

Watson v British Boxing Board judgment

A

C accepted risk of injury caused by events in ring, but not risks following for inadequate/negligent provision of treatment

158
Q

What two factors are considered in particular for apportionment in CN?

A

Relative fault and causal potency of each party’s contribution

159
Q

What case applied illegality under FJR limb of Caparo

A

Vellino v Chief Constable of Greater Manchester

160
Q

Galbraith’s Curator v Stewart

A

Each case is face-dependent for standard of care expected to avoid CN

161
Q

What case shows within it that judges have a hard time determining CN apportionment?

A

Corr v IBC Vehicles

162
Q

Why did L&O think Froom guidelines might be inconsistent with Motor Insurance Directive?

A

General and abstract criteria

163
Q

From what case was the ‘last opportunity’ doctrine?

A

Davies v Mann

164
Q

Hughes v Williams

A

Froom applies in failure to use appropriate restraints for children

165
Q

Why was there CN reduction in Corr v IBC?

A

Retained SOME capacity and responsibility - recognised value of personal autonomy

166
Q

What judge in what case focused on reasonable test of D, instead of acts of C to imply acceptance of risk, in order to ascertain breach of duty for volenti?

A

LJ Diplock in Woolridge v Sumner

167
Q

Hepple and Matthews on ICI v Shatwell

A

If D had been C’s senior, and told C to do it, would have been harder to show risk acceptance

168
Q

What judge in ICI Ltd v Shatwell used contractual language to ascertain implicit agreement to risk for volenti?

A

Lord Pearce

169
Q

Canterbury Medical Council v Taylor

A

Australian cases suggest genuine belief risk will not materialise removes volenti defence

170
Q

L&O on Corr

A

Can it sensibly be said C is guilty of CN for very act D was supposed to prevent?

171
Q

Woodley v Met District Railway general

A

Side wall, railway, tool

172
Q

How did Tan refashion volenti defence?

A

Assessment of P’s conduct

173
Q

Tinsley v Milligan judgment

A

Claim is barred if C needs to rely on facts disclosing illegality

174
Q

Who referred to social convention in Morris v Murray to explain Dann?

A

LJ Fox

175
Q

Name a case exploring relationship between breach of duty and volenti defence?

A

Woolridge v Sumner, Tomlinson v Congleton BC and Watson v British Boxing Board

176
Q

With what EU law instrument did L&O suggest Froom might be inconsistent?

A

Motor Insurance Directive

177
Q

When did they state the illegality defence does not apply in Hounga v Allen?

A

If illegality is solely background, collateral information

178
Q

Suggested illegality defence go on statutory footing, with ‘structured discretion’

A

Law Com 2001 Consultation Paper

179
Q

What were the two claims in Gray v Thames Trains?

A

Lost earnings whilst in institution, and loss in earning capacity

180
Q

What case made it clear that causation for CN is as to C’s DAMAGE, not the original accident

A

Froom v Butcher

181
Q

Hewison v Meridian Shipping PTE JUDGMENT

A

Recover for pain and suffering, but not future earnings

182
Q

Admiralty Commissioners v Volute general

A

Equal apportionment in admiralty under statute

183
Q

What case showed that LR(CN)A s.4 does not allow interpretation which applies CN as a defence where it wasn’t available prior to 1945?

A

Standard Charters Bank v Pakistan Shipping

184
Q

Yachuk v Oliver Blais general

A

Petrol station, Wild West

185
Q

What case highlighted how tort is trying to compensate for injuries, so illegality defence is irrelevant?

A

Revill v Newberry

186
Q

Why did Rodger reject Hoffmann’s causation analysis in Gray?

A

Doesn’t explain why D is liable no further than X point

187
Q

Tomlinson v Congleton BC judgment

A

Occupiers of recreational land can assume anyone using the land recreationally accepts inherent risks

188
Q

What case by the ECJ complicated the area of CN?

A

Candolin v Pahjola

189
Q

Revill v Newberry judgment

A

Illegality not relevant as trying to compensatee for injury

190
Q

Who highlighted that the outcome would likely have been different in ICI v Shatwell if D had been C’s senior?

A

Hepple and Matthews

191
Q

What judge in what case emphasised that Hoffmann in Gray is not a ‘universally applicable test’?

A

Lexi Holdings v DTZ Debenham LJ Briggs

192
Q

What case shows Australia removes volenti defence if genuine belief risk will not materialise?

A

Canterbury Medical Council v Taylor

193
Q

Butterfield v Forrester judgment

A

CN applied - one person at fault does not ‘dispense with another’s using ordinary care for himself’

194
Q

Equal apportionment in admiralty under statute

A

Admiralty Commissioners v Volute

195
Q

Why do L&O argue Froom is not inconsistent with Motor insurance Directive

A

Requires ‘disproportionate’ limitation or exclusion for breach of EU law - 25% reduction is hardly disproportionate

196
Q

What case shows Froom applies in failure to use appropriate restraints for children?

A

Hughes v Williams

197
Q

S.149 Road Traffic Act 1988

A

Volenti no longer defence to motor vehicle accidents

198
Q

What case relied and built on Occupiers’ Liability Act 1984 in illegality

A

Revill v Newberry

199
Q

Watson v British Boxing Board general

A

Medical treatment

200
Q

What is the narrow version of illegality?

A

No claim to compensate for loss resulting from criminal sanction

201
Q

What is the wide version of illegality?

A

No claim to compensate a consequence of C’s own criminal conduct

202
Q

Manager hit

A

Pritchard v CoOp

203
Q

Who highlighted how the lack of insurance, usually, on the part of C means they pay for CN reduction, whilst D is usually insured

A

Atiyah

204
Q

Smith v Baker

A

By end of 19th century, knowledge insufficient

205
Q

Reeves v MPC on HOW to apportion CN

A

Balance out ‘strands of policy’ to reflect state responsibility AND personal autonomy

206
Q

Vellino v Chief Constable of Greater Manchester general

A

Windows

207
Q

Jackson v Murray judgment

A

There is no precise figure for CN

208
Q

What case showed the courts rejecting the last opportunity rule, apportioning liability in proportion to degree of fault under statute?

A

Admiralty Commissioners v Volute

209
Q

Pritchard v CoOp judgment

A

CN not available for battery prior to 1945, so not after either

210
Q

Revill v Newberry general

A

Shed shot

211
Q

Insufficient flexibility and discretion so broad it would be uncertain for illegality defence to go on statutory footing

A

Law Com 2009 Consultation Paper

212
Q

Two recent conflicting cases on illegality defence

A

Hounga v Allen; Laboratoires Servier v Apotex

213
Q

Misrepresented shipping date, pay price

A

Standard Charters Bank v Pakistan Shipping

214
Q

Swimming

A

Tomlinson v Congleton BC

215
Q

What case stated that there is no precise figure to apportion damages under CN?

A

Jackson v Murray

216
Q

Hounga v Allen general

A

Harassment and immigration

217
Q

Why did volenti apply in Dann v Hamilton?

A

Developing situation and not clear enough that she agreed

218
Q

What is an advantage of Tan’s approach to volenti?

A

Allows adaptation according to social policy

219
Q

Pitts v Hunt judgment

A

JOINT illegal activity made standard hard to ascertain

220
Q

What judge in what case for causation made a distinction between linked events and those which are ‘no more than part of the history’?

A

Denning in Jones v Livox Quarries

221
Q

What did LJ Salmond say in Gough v Thorne?

A

Compared C’s actions with reasonable person of same age and gender

222
Q

What two cases should be compared to show case-by-case CN apportionment leads to uncertain results?

A

St George v Home Office; Reeves v MPC

223
Q

Why would it have been problematic for the court in St George v Home Office to acknowledge that certain background characteristics did contribute to his injury?

A

Medical negligence - C partly responsible for being harmed in the first place, necessitating medical treatment

224
Q

Standard Charters Bank v Pakistan Shipping JUDGMENT

A

Defence of CN not available for tort of deceit prior to 1945, so not under LR(CN)A either

225
Q

J v Wilkins

A

Expressly rejected public policy required reassessment of Froom guidelines because of increase awareness in importance of such devices

226
Q

Gough v Thorne general

A

13 1/2 year old, brothers, lorry

227
Q

Froom v Butcher general

A

Seatbelt

228
Q

What case shows knowledge meant assent in middle 19th century, and thus volenti defence?

A

Woodley v Met District Railway

229
Q

Corr v IBC Vehicles judgment on CN

A

CN to recognise value of personal autonomy

230
Q

Harassment and immigration

A

Hounga v Allen

231
Q

What judge in what case suggested illegality might be outweighed by other factors, making the defence inappropriate?

A

Vellino v Chief Constable of Greater Manchester Sedley LJ

232
Q

Gough v Thorne judgment

A

No CN because adults in control

233
Q

O’Sullivan on Corr

A

Judgment showed ‘no understanding of the effect of serious depression’

234
Q

Buckley on illegality defence

A

Favours Hounga

235
Q

Who highlighted how, in Corr, they held C guilty of CN for the very act D was supposed to prevent?

A

L&O

236
Q

Davies v Mann judgment

A

Focus on who had the last opportunity to avoid the damage

237
Q

How does breach of duty fit under volenti?

A

Assumption of risk means that C’s injury does not constitute a BoD

238
Q

Les Laboratoires Servier v Apotex Inc general

A

Interlocutory injunction loss, manufacturing illegal

239
Q

Gray v Thames Trains judgment

A

wide and narrow version of illegality - both failed

240
Q

Les Laboratoires Servier v Apotex on CoA approach

A

Policy approach wrong and contrary to Tinsley v Milligan

241
Q

What distinction did Lord Reid make in ICI Ltd v Shatwell?

A

Individuals deliberately and knowingly disobeying, and carelessness

242
Q

Seafarer, epilepsy, deception

A

Hewison v Meridian Shipping PTE

243
Q

What judge in what case stated the volenti defence is objective?

A

LJ Stocker in Morris v Murray

244
Q

Why was the claim on loss in earning capacity rejected in Gray?

A

Causation and inconsistency

245
Q

Tomlinson v Congleton BC general

A

Swimming

246
Q

In what case did the court fail to recognise they could adjust damages to reflect relevant contribution, instead just applying CN as done before LR(CN)A?

A

Yachuk v Oliver Blais

247
Q

Woodley v Met District Railway judgment

A

Knowledge meant assent in middle 19th century

248
Q

What was the status of CN prior to 1945?

A

Complete defence

249
Q

Reeves v MPC judgment

A

HoL said inconsistent to allow defence of volenti to arise upon act which D had DoC to prevent

250
Q

What is an example of an intentional act of C giving rise to CN claim?

A

Reeves v MPC

251
Q

What is the express agreement volenti scenario now govern by?

A

UCTA and UTCCR

252
Q

What is the requirement of causation for CN?

A

C’s carelessness is a legal cause of the damage, and not too remote

253
Q

Vellino v Chief Constable of Greater Manchester judgment

A

Illegality is a freestanding defence - criminal offence of evading arrest so no claim

254
Q

Davies v Mann general

A

Hobbled donkey

255
Q

What case showed that by the end of the 19th century, knowledge was insufficient for the volenti defence?

A

Smith v Baker

256
Q

Corr v IBC Vehicles general

A

Disfigurement, clinical depression, suicide

257
Q

Joyce v O’Brien general

A

Ladder, footplate

258
Q

Law Com 2010

A

Gray showed law developing along recommendation lines, so no legislative reform needed

259
Q

What does the case of Froom v Butcher show about standards of care required to avoid CN?

A

Not looking at what MOST people do, but what they OUGHT to do

260
Q

Why did volenti apply in Morris?

A

C was only merry - very much aware

261
Q

Ladder, footplate

A

Joyce v O’Brien

Law Second Year (62 decks)

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