defences

What are the two defences in tort law

Contributory negligence

Volenti (consent)

What is the law reform (contributory negligence) act 1945 S1

Reduce damages payable by defendant instead of dismissing the case entirely

Elements of contributory negligence

Claimants own behaviour fell below the standard of the reasonable person

Was the damage a reasonably foreseeable consequence

What are the 2 types of contributory negligence

Claimant is partly to blame

Claimants conduct made the injuries or losses worse

Case example for contributory negligence

Badger v ministry of defence

Lung cancer from exposure to asbestos at work, made worse through smoking while knowing the risks

Smoking increased his chances of getting lung cancer by a factor of 10, asbestos 5

20% reduced damages

What are 3 limitations of the defence contributory negligence

Children are less likely to recognise risky conducts than adults

The standard of care for a rescuer is that of the reasonable rescuer, not person

In an emergency situation a person may not have the time to take the best course of action

Case example for children not recognising risk

Gough v Thorns

Acted in accordance of what could reasonably be expected of a 13 yer old girl

Case example for rescuer

2 employees overcome by carbon monoxide fumes while attempting to decontaminate a well, doctor went over to help (after being warned of the fumes & that the fire department were on the way), all 3 died

What does volenti mean

To a willing person injury is not done (consent to risk)

2 cases for volenti

Morris v Murray - crashed plane while drunk, C knew D was unfit to fly

Wooldridge v Smuner - horse photographer got in path of horse, no evidence of negligence