Defences: Contributory Negligence and Volenti

Law reform (Contributory Negligence) Act 1945

Where a person is partly to blame for the damage they suffered and partly of another, the compensation due will be apportioned proportionately to the blameworthiness of the two parties

Jones v Livox Quarries

Contributory negligence requires the foreseeability of harm to oneself if he were to act negligently, must also take into account the possibility of others being negligent

Sayers v Harlow Urban District Council

Where the Cl is acting carelessly in an attempt to escape an emergency situation, the Cl's act will not break the chain of causation.

Jones v Boyce

An act done in the agony of the moment is not considered negligent

Froom v Butcher

Contributory negligence is about contributing to the damage - not contributing to the accident

Wooldridge v Sumner

Error of judgement is not negligence

Smolden v Whitworth

In sport, the Cl consents to the risks not to the negligence

Smith v Baker

Where the Cl has pressure to complete a dangerous job they cannot be said to be exercising a free choice

ICI v Shatwell

Where the claimants had deliberately acted in defiance of the employer's express instructions in full knowledge of the risks they defence of volenti can apply

Gledhill v Liverpool Abattoir

The Cl must have knowledge of the full nature and extent of the risk that they ran, and the risk must be voluntarily and freely taken

Chadwick v British Railways Board

Where a Df's negligence causes an emergency and as a result, the Cl consciously and deliberately takes a risk in order to rescue someone in imminent danger, the defence of volenti will not apply

Haynes v Harwood

If the Cl acts to help those in danger as a result of a D's negligent actions, the defence of volenti does not apply

Cutler v United Dairies Ltd

Where the situation resulting from the Df's negligence shows no immediate danger to persons or property and the claimant is injured while intervening, the defence of volenti will not apply

Road Traffic Act 1988

Volenti cannot be applied to traffic accidents

Morris v Murray

Volenti applies to form of transport other than those on the road

Ratcliff v McConnell and Harper Adams

No duty to warn of obvious dangers