Defences: Illegality

Question 1

core principle:

Answer 1

-complete defence
-C may be liable where an illegal act has a direct link to the tort claim

Question 2

Pitts v Hunt [1991]

Answer 2

-passenger encourages reckless illegal motorbike riding.
-claim barred because of close connection between the claim and the illegal joint enterpise
-classic illegality case in negligence.

Question 3

Gray v thames trains ltd [2009]

Answer 3

-PTSD after train crash, C kills someone, seeks damage for detention/loss of earnings.
-C cant recover losses flowing from his own serious criminal act/ punishment
-narrow rule against recovering consequences of conviction

Question 4

Delaney v Pickett [2011]

Answer 4

• Car contained cannabis, D drove negligently, C injured.
  -illegality only bars a claim where injury is connected to illegality
  -mere background of illegality isnt enough.

Question 5

Patel v Mirza [2016]

Answer 5

-modern approach asks whether denying the claim would be a proportionate response considering public property and integrity of the legal system.

Question 6

Saunders v Edwards [1987]

Answer 6

-courts shouldnt refuse releif automatically where C behaved illegally.
Policy warning against over-broad illegality.