CS - Defences to Negligence

Cards (6)

  • The Law Reform (contributory negligence) Act 1945
    Provides that a judge may reduce any damages awarded to a claimant according to the extent to which the claimant contributed to their own injuries.
  • Froom v Butcher (1975)

    Contributory negligence - C's head injuries were held to have been caused by his decision not to wear a seatbelt and his damages were reduced by 20%
  • Sayers v Harlow UDC (1958)

    Contributory negligence - C got trapped inside a public toilet and tried to get out by climbing on a toilet roll holder and slipped when it gave way. C's damages were reduced by 25% because of the way she tried to escape.
  • Jones v Livox Quarries (1952)

    Contributory negligence - C was riding on the back of a vehicle at work, against company rules, when a dumper truck crashed into the back of it. C had contributed to his injuries through his own negligence so damages were reduced by 20%
  • Morris v Murray (1991)

    Consent - The CA decided that C had voluntarily assumed the risk of injury by accepting a flight in an aircraft by an obviously heavily intoxicated pilot.
  • Ogwo v Taylor (1987)

    Consent - A fireman suffered burns from the intense heat of a fire he attended. The defense will not succeed where C has no choice but to accept the risk.