Negligence Defences

Contributory Negligence:

Contributory Negligence Act 1945

• when C is in some way at fault → partial defence for D

• If successful- D’s damages will be reduced

Contributory Negligence: Froom

No seatbelt → D claimed CN and was successful

Consent:

• C consented to the risk of injury & they exercised free choice

• Complete defence (D wont pay damages)

Consent: Morris

C had consented getting into the plane, knowing his friend -D- (the pilot) had been drinking → family of D used defence & didn’t have to pay damages

Adequate Precautions:

If D proved they had taken AP- they will most likely get the defence

Public Benefit:

Watt: unlikely to be liable if the public benefits from the risk