Law of Tort - Paper 2 (General Defences)

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  • Created by: chloefyf3
  • Created on: 24-07-22 12:03
What are the two general defences in tort law?
contributory negligence
&
consent (volenti non fit injuria)
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What two things does the defendant need to show for the defence of contributory negligence?
- claimants own behaviour was below the standard of the reasonable person
&
- this behaviour contributed to the claimants loss
2 of 13
Under what act is the defence of contributory negligence available?
Law Reform (Contributory Negligence) Act 1945
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What issues will the court consider when deciding for contributory negligence?
breach of duty
&
causation
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What will the judge decide about the liability that leads to reducing the award of damages accordingly?
a certain percentage of the overall liability belongs to the claimant
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How does the case of ''Brannon v Airtours'' show contributory negligence may apply where a claimant is partly to blame for the accident happening?
- C attended party that D organised
- he climbed on table to get out and collided with low ceiling fan
- D had breached duty in arranging rooms so that C had to climb on furniture
- but court also held C as partly to blame for standing on table despite wa
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How does the case of ''Froom v Butcher'' show contributory negligence may apply where a claimant's actions have made their injuries worse?
- C did not wear seatbelt in car
- court held damages should be reduced between 15% and 25%
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What does the defence of 'consent (volenti non fit injuria)' mean and when will it apply?
''he who consents cannot be regarded as having been done an injury''

where C knows there is a risk of D acting negligently and freely consents to take that risk
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What happened and what was held in the case of 'Morris v Murray'?
- C + D spent several hours drinking and decided to go in D's aircraft for a flight
- plane crashed, D killed and C seriously injured
- C's action against D's estate failed as C was fully
aware of the risk of negligence on D's part and still went ahead
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What happens if consent is not freely given?
defence fails
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What happened and what was held about consent in the case of 'Smith v Baker'?
- C working on railway line when he was injured from material that fell from crane
- D argued C consented to risk as he had continued to work for several works whilst crane was overhead
- court held that simply knowing of a risk did not amount to consent
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What happened and what was held about consent in the case of 'Haynes v Harwood'?
- horse ran amok in a busy street due to D's negligence
- C tried to stop horse and was injured
- D argued he consented by choosing to get involved
- court held that consent was not freely given as C felt a moral obligation to help people in danger
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What kind of defence is consent to liability and therefore what will be the outcome for the claimants damages?
complete defence

claimant will not receive any damages
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Other cards in this set

Card 2

Front

What two things does the defendant need to show for the defence of contributory negligence?

Back

- claimants own behaviour was below the standard of the reasonable person
&
- this behaviour contributed to the claimants loss

Card 3

Front

Under what act is the defence of contributory negligence available?

Back

Preview of the front of card 3

Card 4

Front

What issues will the court consider when deciding for contributory negligence?

Back

Preview of the front of card 4

Card 5

Front

What will the judge decide about the liability that leads to reducing the award of damages accordingly?

Back

Preview of the front of card 5
View more cards

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