Defences

• What is contributory negligence in tort law?

  Partial defence for claimant's own negligence
• What do courts consider in contributory negligence?

  Claimant's care for their own safety
• What does the Law Reform (Contributory Negligence) Act 1945 state?

  Damages reduced based on claimant's fault
• What does 'fault' mean under Section 4 of the Act?

  Negligence or breach of statutory duty
• What case established that not wearing a seatbelt is contributory negligence?

  Froom v Butcher [1976]
• What is the sliding scale for contributory negligence reductions?

  • Injuries prevented: 25% reduction
  • Injuries less severe: 10% reduction
  • No difference: 0% reduction
• How does age affect findings of contributory negligence?

  Younger children less likely to be liable
• What case indicates children under 10 are not liable for contributory negligence?

  Gough v Thorne [1966]
• How does following employer's instructions affect contributory negligence?

  Harder to assert contributory negligence
• What case discusses employee conduct and contributory negligence?

  Eyres v Atkinson Kitchens & Bathrooms [2007]
• How are rescuers judged in contributory negligence cases?

  By the standards of a reasonable rescuer
• What case illustrates the standard for rescuers?

  Baker v Hopkins & Sons Ltd [1959]
• What are the requirements for the defence of consent (volenti non fit injuria)?

  • Full knowledge of the risk
  • Voluntary acceptance of the risk
  • Ability to consent
• What case discusses the inability of children to consent?

  Morris v Murray [1991]
• What does the Road Traffic Act 1988 state about consent?

  Consent does not negate liability for negligence
• How does consent apply to employees aware of risks?

  Does not imply consent to risks
• What case illustrates that volenti non fit injuria does not apply to employees?

  Smith v Charles Baker & Sons [1891]
• What are the implications of implied consent in sports?

  • Participants consent to injuries within rules
  • No consent if conduct exceeds rules
• What case discusses implied consent in sports?

  Simms v Leigh Rugby Football Club Ltd [1969]
• How does spectator consent work in sports?

  Implied consent unless reckless disregard occurs
• What case illustrates spectator consent in sports?

  Wooldridge v Sumner [1963]
• What is the principle of illegality in tort law?

  • No benefit from unlawful acts
  • Connection between illegal activity and injury required
• What case discusses the principle of illegality?

  Pitts v Hunt [1991]
• What does the Unfair Contract Terms Act 1977 state?

  • Limits exclusion of liability for negligence
  • Cannot exclude liability for death or personal injury
• What is the defence of Act of God in tort law?

  Defence in the tort of Rylands v Fletcher
• What does self-defence apply to in tort law?

  Intentional torts like trespass
• What is the test for necessity in tort law?

  Urgent situation of imminent peril
• What is the distinction between duress and statutory authority in tort law?

  • Duress: actual physical compulsion
  • Statutory Authority: authorized by statute