Defences

Cards (6)

  • Sayers
    Contributory negligence
  • Jayes v IMI (Kynoch) ltd

    It is possible for there to be a 100% reduction in damages
  • Smith v Baker

    Defence will not succeed where the claimant has no choice but to accept the risk, an assumption of risk must be freely taken and the claimant must voluntarily undertake the risk of harm
  • Nettleship v Weston

    Consent by claimant may reduce damages awarded
  • Haynes v Harwood

    Where a person has a duty to act and is then injured because of the defendants negligence, volenti will not be available as a defence
  • Smith
    Volenti non fit injuria (consent)