Defences to Tort

Contributory negligence

• partial defence to negligence and occupiers’ liability

• D argues that C partly caused the injuries suffered and asks court to reduce blame and damages paid

• Law Reform (Contributory Negligence) Act 1945 states damages awarded to C can be reduced according to extent that they contributed to own harm

  • damages reduction will be decided by judge

• seen to be used in Sayers v Harlow

Volenti non fit injuria (consent)

• complete defence

• Seen in Smith v Baker and Sons

• defence to negligence or Occupiers Liability

• D shows that C voluntarily accepted risk of harm or injury

• D must show one of three things:

  1. C knew of precise risk involved

  2. C exercised free choice

  3. C voluntarily accepted the risk

• Defence can’t be used for road traffic accidents under Road Traffic Act 1988

Defences to OLA

• volenti

• con neg

• exclusion clauses

• warning notice

Defences to private nuisance

• Statutory Authority

• Prescription

Defences to Rylands v Fletcher

• Act of God

• Act of a Stranger

• Wrongful Act of Third Party

• Statutory Authority