defences- TORT

law reform (contributory negligence) act 1945

damages awarded to c can be reduced according to the extent c contributed to his own harm

sayers v harlow udc

CN deducted in proportion to c’s own negligence

jayes v imi

c contbute 100% of negligence through own fault

o’connell v jackson

contribute 15% through negligence in road traffic accidents

froom v butcher

c can contribute to own negligence by not wearing seatbelt 20%

stinton v stinton

c can contribute to negligence by engaging or accepting d’s own negligent conduct.

badger v ministry of defence

c’s currents activities i.e smoking or drinking can contribute by 20%

stermer v lawson

c must have full understanding of all risks

smith v baker

volenti will not succeed where c lacks free choice

haynes v harwood

person has duty to act and is injured then volenti will fail

ici ltd v shatwell

volenti will succeed where c gets told to do something but ignores them

wooldridge v summer

d must commit tort and breach duty for volenti to succeed

s.149 road traffic act 1988

volenti cannot be used in relation to road traffic accidents