Defences

• What are the 2 types of defences?

  • Contributory negligence
  • Consent (Volenti)

  All available for: Negligence, OL and Rylands v Fletcher
• Contributory Negligence

  ---> C has caused or contributed to their own injuries

  
  

  Law Reform (contributory negligence) Act 1945:

  • Damages can be reduced by the extent to which C contributed towards harm. Judge will state percentage it will be reduced by

  e.g. Sayers v Harlow
• Consent (Volenti)

  ---> Full defence if C voluntarily accepted risk of harm

  If successful - D doesnt have to pay compensation to C

  D must prove:

  • C knew about precise risk involved
  • C was exercising free choice in decision making
  • C voluntarily accepted the risk -

  Smith v Baker

  Nettleship v Weston
• Other defences which are for specific torts only

  Occupiers Liability

  • Warning notices
  • Exclusion clauses

  Nuisance

  • Prescription
  • Statutory Authority
  • Acts of Stranger

  Rylands v Fletcher

  • Acts of a Stranger
  • Act of God
  • Statutory Authority