defences

    Cards (8)

    • consent/volenti - must appreciate nature/degree of risk (smith v baker)
    • contributory negligence (sayers)
    • warnings s2(4) ineffective unless in all circumstances it was enough to make the visitor be reasonably safe
    • must be seen (rae v mars)
    • if obvious no warning needed (staples v west dorset)
    • exclusion causes s2(1) o can restrict, modify or exclude duty by agreement or otherwise
    • for residential occupiers but may not work for children based off of age/understanding
    • s65 consumer rights act 2015 states trader cannot exclude or restrict liability for death or personal injury resulting from negligence