- Created by: study-shauna
- Created on: 25-04-18 19:21
Defences to negligence and occupier's liability
Contributory negligence (stupidity):
- This is where the claimant has contributed to their own negligence. Therefore the defendant is liable, but not for the full amount of compensation.
- The Law Reform (Contributory Negligence) Act 1945 states that you will reduce damages according to the extent or level to which the claimant contributed to his own harm.
- E.g. the case of Sayers and the case of Jayes v IMI
Volenti non fit injuria (consent):
- This is a complete defence (so no liability on the defendant).
- This can't be used for road traffic, as said in S149 of the Road Traffic Act 1988.
- The defendant…