defences

• what types of defence are there for negligence?

  the defendant in negligence may have a full or partial defence which reduces their liability
• what is contributory negligence?

  this is a partial defence which means that the claimant was in some way to blame. if the defendant is successful then this will reduce the amount of damages that the claimant is entitled to. the judge decides the full amount of damages and then takes a percentage off for contributory negligence.
• what is contributory negligence set out in?

  the law reform contributory negligence act 1945
• froom - contributory negligence

  the passenger wasn't wearing a seatbelt and was in an accident. the accident was not their fault but their negligence contributed to their injuries. because of this the damages were reduced by 25%
• Sayers - contributory negligence

  claimant became trapped in a toilet in a bus station. they tried to climb out and they fell. the damage they could claim were reduced because of their careless attempt of escape
• the defence of consent

  this is a complete defence which means that is the defendant is successful then they won't be liable and will not have to pay any damages. the defendant claims that the claimant consented to the risk of injury and that they exercised free choice.
• Morris - consent

  claimant and his friend who was a pilot had spent the day drinking. claimant consented to get in the plane and was injured when it crashed. the defendant used the full defence of consent