What is contributory negligence in tort claims?
A part defence where the claimant has contributed to the accident and injuries
It allows the court to reduce the damages awarded based on the claimant’s level of responsibility.
The Law Reform (Contributory Negligence) Act 1945 allows damages to be reduced based on what?
The extent or level to which the claimant contributed to their own harm
The judgment first sets the full amount of damages, then reduces it by the percentage of the claimant’s responsibility.
In the case of Sayers v Harlow Urban District Council (1958), what was the percentage reduction in damages due to contributory negligence?
25 per cent
The claimant was injured while trying to escape a locked cubicle in a careless manner.
What does volenti non fit injuria mean?
No injury is done to one who consents to the risk
It serves as a full defence to a claim of negligence or occupiers’ liability.
To succeed in a volenti defence, the defendant must show that the claimant: 1. knew of the precise risk involved, 2. exercised free choice, and 3. _______.
voluntarily accepted the risk
The defence requires that the claimant fully understands the nature of the risk.
Which section of the Road Traffic Act 1988 restricts the use of the volenti defence?
s 149
This section prevents the defence from being used in road traffic accidents due to third-party insurance.
In Smith v Baker & Sons (1891), why was the claimant entitled to recover damages?
He did not consent to the lack of care by crane operators
Although aware of the danger, the claimant was not voluntarily accepting the risk.
In Haynes v Harwood (1935), why did the volenti defence fail?
The claimant was acting under a duty to protect the public
He was not acting voluntarily when injured.
What are the specific defences for occupiers’ liability?
- Volenti
- Contributory negligence
- Exclusion clauses
- Warning notice
These defences vary for lawful visitors and trespassers.
In the case of Jayes v IMI (Kynoch) Ltd (1985), what was the claimant’s level of contributory negligence?
100 per cent
The claimant was solely at fault for removing the guard on the machine.
What is the effect of contributory negligence on a tort claim?
The court can reduce the damages by the percentage of responsibility the claimant bears
It is possible for the claimant to be 100 per cent contributorily negligent.
True or false: The defence of volenti applies if the claimant knows of the risk but does not fully understand it.
FALSE
The defence requires that the claimant fully understands the nature of the actual risk.
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chapter 1 Civil courts and other forms of dispute resolution50
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Chapter 2 Criminal courts and lay people115
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Chapter 3 Legal personnel57
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Chapter 4 Access to justice34
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Chapter 5 Rules and theory15
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Chapter 6 General elements of criminal liability51
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Chapter 8 Non-fatal offences against A Person41
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Chapter 9 Offences against property82
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Chapter 10 Mental capacity defences59
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Chapter 11 General defences52
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Chapter 12 Preliminary offences28
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Chapter 13 Evaluation pages51
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Chapter 14 Parliamentary law-making32
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Chapter 15 Delegated Legislation27
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Chapter 16 Statutory interpretation41
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Chapter 17 Judicial precedent49
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Chapter 18 Law reform32
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Chapter 19 European union law34
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Chapter 20 Rules and theory of the law of tort19
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Chapter 21 Liability in negligence64
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Chapter 22 Occupiers45
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Chapter 23 Torts connected to land41
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Chapter 24 Vicarious liability27
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Chapter 25 Defences12
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Chapter 26 Remedies16
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Chapter 27 Evaluation45
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Chapter 28 Introduction to the nature of law52
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Chapter 29 Law and morality58
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Chapter 30 Law and justice49
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Chapter 31 Law and society49
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Chapter 32 Rules and theory28
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Chapter 33 Protection of the individual31
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Chapter 34 Key provisions of the European Convention on Human Rights137
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Chapter 35 Human rights and English law53
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Chapter 36 Enforcement of human rights law28
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Chapter 37 Evaluation of human rights protection and ideas for reform58
