Tort (LLB) - General defences for negligence

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What general defences for negligence are there?
Volenti non fit injuria, contributory negligence, ex turpi causa,limitation & exclusion of liability
1 of 5
Why affect did the Law reform (contributory negligence) Act have on the defence?
It has made it a partial defence.
2 of 5
Why is the defence of contributory negligence a good one to choose over others?
Contributory negligence will often succeed where others fail. For example in Revill v Newbury the d brought up the defence of contrib as well as ex turpi. Ex turpi failed but contrib was successful.
3 of 5
Give a case for the defence of ex turpi causa
The c cannot pursue a claim if it arises out of his own or a connection to an illegal act - Revill v Newbury Note: courts reluctant to use this defence preferring contrib
4 of 5
Give a case for exclusion
White v Blackmore (the c signed a drivers list which had an exclusion clause. By signing it he accepted that the d would take no liability for any injury)
5 of 5

Other cards in this set

Card 2

Front

Why affect did the Law reform (contributory negligence) Act have on the defence?

Back

It has made it a partial defence.

Card 3

Front

Why is the defence of contributory negligence a good one to choose over others?

Back

Preview of the front of card 3

Card 4

Front

Give a case for the defence of ex turpi causa

Back

Preview of the front of card 4

Card 5

Front

Give a case for exclusion

Back

Preview of the front of card 5

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