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Question 1

Will a defence be a complete defence?

Answer 1

There may be a full or partial defence.

Question 2

What are the types of defences?

Answer 2

• contributory negligence
• volenti non fit injuria (consent)
• illegality

Question 3

What is the principle of contributory negligence?

Answer 3

Where a C fault contributed to their damage, they can be reduced in proportion to the C fault.

Question 4

Is contributory negligence a complete defence?

Answer 4

Partial (s1 law reform (contributory negligence) act 1945).

Question 5

What are the elements of contributory negligence?

Answer 5

• fault
• causative potency
• reduction in damages

Question 6

What is the definition of fault?

Answer 6

S4 law reform (contributory negligence) act 1945 says it means negligence, breach of statutory duty or per act or omission, which gives rise to a liability in tort or rise to the defence of contributory negligence.

Question 7

Is negligence needed for a C to be found liable for contributory negligence?

Answer 7

No (Nance) all that is needed is that e injured party did not take reasonable care of himself and contributed to his own injury.

Question 8

Does a duty of care need to be established for whether contributory negligence is present?

Answer 8

No.

Question 9

In Froome v Butcher what does Denning say the difference is between negligence and contributory negligence is?

Answer 9

Negligence depends on a breach of duty, contributory negligence does not. Negligence is a mans carelessness in looking after his own safety. Guilty of contributory negligence if he ought reasonably to have foreseen that if he did not act as a reasonable prudent man he might hurt himself.

Question 10

Give some examples of situations where contributory negligence occurs?

Answer 10

• seatbelts
• intoxication
• children
• emergency action
• rescuers

Question 11

If you are intoxicated can you be contributory negligent in accepting a lift from a drunk driver?

Answer 11

Yes (Owen - 20% contributory negligent).

Question 12

Can a child be contributory negligent?

Answer 12

Goth - young child cannot but an older child may, it depends on the circumstances. Only if he is of such an age that he is reasonably expected to take precautions for his own safety and then only if blame should be attached to him.

Question 13

Can a rescuer be contributory negligent?

Answer 13

Only if their acts are so foolhardy to amount as unreasonable disregard for his own safety. Could break the chain (Tolley).

Question 14

Who has to establish that the C has been contributory negligent?

Answer 14

D.

Question 15

In relation to seatbelts what does the D have to prove?

Answer 15

That not wearing a seatbelt added to the C harm.

Question 16

What did Denning say the question was that needs to be asked with regards to wearing seatbelts and damage caused in the case of Froome?

Answer 16

The question is not what was the cause of the accident but rather what was the cause of the damage. The negligent driver must bear the greater share of responsibility.

Question 17

Who is the burden of proof on?

Answer 17

D and the standard of proof is the balance of probabilities.