Negligence- Defences

• What is the first defence?

  Contributory Negligence

  ---> allegation that the C has partly caused to the injuries

  • Law Reform (Contributory Negligence) Act 1995 - provides any damages awarded to C can be reduced according to level at which C had contributed to own harm
• Contributory Negligence - Damages reduction percentages cases

  Reduced by 20% - way C was injured (Sayers v Harlow)

  Reduced by 20% - driver not wearing seatbelt (Froom v Butcher)

  Reduced by 15% - rider was not wearing helmet (O'Connell v Jackson)

  Reduced by 100% - admitted it was their own decision (Jayes v IMT)

  Reduced by 1/3 - C accepted lift from drunk driver (Stinton v Stinton)
• What is the second defence?

  Consent (Volenti)

  ---> full defence when C voluntarily accepts risk of harm

  Volenti is subjective.

  If successful C will receive no damages. To succeed:

  • C knowledge of precise risk
  • Exercise of free choice by C
  • Voluntary acceptance of the risk
• Cases involved with Consent

  S. 149 RTA 1988 - defence cannot be used for road traffic

  Nettleship v Weston - cant apply where C knowingly accepts risk from negligent driver

  Smith v Baker - mere awareness of danger does not imply voluntary acceptance of it