Defences

• Offences available to what defences:

  Negligence - volenti, contributory negligence

  Occupier's Liability - volenti, contributory negligence, warning signs, exclusion clauses

  Private Nuisance - Statutory Authority, prescription, coming to nuisance

  Rylands v Fletcher - volenti, contributory negligence, statutory authority, act of stranger, act of god
• Volenti

  'to a willing person, no injury is done'

  complete defence

  express - agree verbally/in writing

  implied - circumstances/conduct

  knew precise risk (Stermer v Lawson)

  free choice, voluntarily (Smith v Baker) - no choice, duress is invalid

  acts against orders/statutory rules - valid
• Contributory Negligence

  Law Reform (Contributory Negligence) Act 1945 s.1(1)

  Reduce by a percentage of how much c is to blame

  partial defence

  Sayers v Harlow Urban District Council - 25%

  e.g. accepting lift from drunken driver, no seat belt

  Jayes v IMI (Kynoch) Ltd - 100%, removed guard which was a protective measure
• Coming to Nuisance

  volenti, Miller v Jackson
• Prescription

  20 years

  Sturges v Bridgman
• Statutory Authority

  Act of Parliament

  Allen v Gulf Oil Refining Charing Cross Electricity
• Act of God

  extreme weather, 'no human foresight can provide against'

  Nichols v Marsland
• Act of Stranger

  third party

  D has no control

  Rickards v Lothian
• Warning Signs

  capable of making visitor reasonably safe

  OLA 57' - s.2(4)(a)

  OLA 84' - s.1(5)
• Exclusion Clauses

  'exclude restrict or modify duty'

  s.2(1)OLA 1957