Standard Defences

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5 Terms

1
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Stermer v Lawson

Consent, Knowledge of precise risk must be present for Volenti

2
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Sidaway v Bethlem Royal Hospital

Consent, informed consent on remote consequences of the D's actions are not required in Medicine. (E.g complications in 1% of cases)

3
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Jayes v IMI (Kynoch) Ltd

Under Con Neg Damages can be reduced by 100%

4
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Froom v Butcher

Claimant contributorily negligent for failing to wear a seatbelt
Lord Denning:
If seatbelt would have avoided injury, reduce damages by 25%
If it would have reduced injury, reduce by 15%

5
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Law Reform (Contributory Negligence) Act 1945

allows the court to evaluate the Cl's own negligence and reduce the damages by the percentage of this contributory negligence i.e. a fair distribution of wealth.