tort defences

• What does "volenti non fit injuria" mean?

  To a willing person, injury is not done
• What must a defendant prove to use volenti successfully?

  The claimant knew and consented to the risk
• What is the outcome of a successful volenti defense?

  No liability for injury or loss
• In which case was the volenti defense accepted by the Court of Appeal?

  Morris v Murray 1990
• What happened in the case of Morris v Murray?

  C was injured in a plane crash piloted by a drunk friend
• What did Lord Justice Fox conclude in Morris v Murray?

  C knew he was flying with a drunk pilot
• How is volenti applied to passengers in vehicles?

  Rarely accepted in negligent driving cases
• What does the Road Traffic Act 1988 S149(3) state?

  Acceptance of risk does not negate liability
• How does volenti apply to sporting activities?

  Players consent to risks unless rules are breached
• What risk do spectators face in sporting events?

  Being hit by objects like a rugby ball
• What was the outcome of Wooldridge v Sumner?

  No breach of duty of care was found
• Why are courts reluctant to accept volenti as a defense?

  It absolves defendants from all liability
• What does the Law Reform (Contributory Negligence) Act 1945 S1(1) state?

  Claims are not defeated by the claimant's fault
• How does contributory negligence affect damages?

  Reduces damages based on claimant's fault
• What must be proved to use contributory negligence as a defense?

  Claimant failed to take care of their safety
• What was the outcome of Badger v Ministry of Defence 2006?

  Damages were reduced by 20% for smoking
• How do courts view children in contributory negligence cases?

  Children are less likely to recognize risks
• What standard of care applies to rescuers?

  Standard of the reasonable rescuer applies
• What happened in Gough v Thorns 1966?

  A girl was injured while crossing the road
• What was the court's decision regarding the girl's contributory negligence?

  She was ⅓ to blame for her injuries
• What was the outcome of Morales v Eccleston 1991?

  M was partly to blame for the accident
• What happened in Baker v TE Hopkins + Sons 1959?

  Two employees died from exposure to fumes
• What did the CoA decide regarding the doctor's actions in Baker v TE Hopkins + Sons?

  The doctor was not guilty of contributory negligence
• What was the outcome of Jones v Boyce 1816?

  The decision was in favor of the plaintiff
• What was the issue with the coupling reins in Jones v Boyce?

  One of the coupling reins was defective
• What did the court conclude about the plaintiff's actions in Jones v Boyce?

  Evidence showed he did not need to jump