General Defences in Tort Law

What is contributory negligence? And what type of defence is this?

1) C's own behaviour was below the standard of a reasonable person (Breach)

2) This behaviour contributed to their losses (causation)

This is a partial defence

Under what act is contributory negligence under?

Law Reform (Contributory Negligence) Act 1945

How is contributory negligence applied?

The judge decides a certain percentage of liability that belongs to C and deducts it from the damages that D should pay

What legal principle is stated in Brannon v Airtours

C is partly to blame for the accident happening

What case states that C has not cause the accident but their actions made their injuries or losses worse

Froom v Butcher- the damages reduced should be between 15% and 25%

What is the second defence in tort law? And what type of defence is it?

Consent (Volenti Non Fit Injuria). This is a complete defence

Define Consent in terms of defences in tort law

Where C knows there is a risk of D acting negligently and freely consents to that risk

Give a case where consent was freely given

Morris v Murray

Give a case where consent is not freely given

Smith v Baker