Defences and remedies

• What are the two types of defence in law?

  Contributory negligence and volenti non fit injuria
• What is contributory negligence?

  • A partial defence
  • Defined under the Law Reform (Contributory Negligence) Act 1945
  • C partly contributed to their own loss/injury
  • Damages can be reduced by C's contribution
• How does a judge determine damages in contributory negligence?

  The judge assesses C's level of blame
• What standard is used to assess C's behaviour in contributory negligence?

  Objective standard of care
• What risk factors are considered in contributory negligence?

  Likelihood of injury, seriousness, precautions
• What case illustrates contributory negligence?

  Sayers v Harlow Urban District Council (1958)
• What is volenti non fit injuria?

  • A full defence
  • If successful, C receives no damages
  • Based on C's belief and consent
  • Requires knowledge of the risk and free choice
• What must D prove in a volenti non fit injuria defence?

  C had knowledge of the precise risk
• What is the limitation of volenti non fit injuria in road traffic accidents?

  It cannot be used in road traffic accidents
• What case involved a failed volenti non fit injuria defence?

  Stermer v Lawson (1977)
• What are compensatory damages?

  • Compensation for physical injury and property
  • Aims to restore C to pre-tort position
  • Examples: money for wheelchair, car repairs
• What is pecuniary loss?

  A loss easily calculated in money
• What is non-pecuniary loss?

  A loss not wholly money-based
• What are special damages?

  • Amounts calculated up to trial/settlement
  • Represents pecuniary loss
  • Includes specific expenses incurred
• What are general damages?

  • Non-pecuniary losses post-trial
  • Includes pain and suffering
  • Covers future loss of earnings and medical expenses
• What is required for future loss calculations?

  An annual calculation multiplied by years
• What would C be entitled to in a successful claim?

  • Compensatory damages for personal injury
  • Includes pain & suffering, loss of amenity
  • Covers damage to property and loss of earnings
• What are lump sums and structured settlements?

  • Lump sums: one-time payment for damages
  • Structured settlements: periodic payments over time
  • Structured settlements can adjust for inflation
• What is the issue with lump sum awards?

  They may become unfair if conditions change
• What does the Damages Act 1996 allow?

  • Structured settlements for periodic payments
  • Payments can be reassessed for real value
  • Protects C and ensures fairness to D
• What is mitigation of loss?

  C's duty to minimize their losses