Defences & damages

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  • Created by: Sahar
  • Created on: 04-02-15 15:43


Consent:(full defence)

must be given freely with knowledge and understanding of risks involved 

Express verbal, writing.     Implied-conduct 

can consent at work- took unsafe method 

Claimant must consent to running the risk of injury Nettleship X

No consent for getting into a car- accident

unlikely consent used against rescuers 

Morris v Murray- getting into plane with drunk pilot = consent 

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Contributory negligence: (partial defence)

Claimants behaviour below the standard of a reasonable person Brannon Froom v Butcher- not wearing a seat belt reduced damages by 20%

Negligence - Griffiths 20% reduced as should have held machine with two hands 

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Damages are usually settlement but can give anmity 

Special damages:upto the trial 

pecuniary damages - loss of earning, car hire- must be reasonable Cunningham v Harrison

General damages: after trial 

Pecuniary damages- future loss of earning, medical car expenses, modifications

Non pecuniary- pain, suffering, loss of amenity, injury itself 

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