defences

Cards (8)

  • consent/volenti - trespasser 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