A Level Law Paper 2 Contributory Negligence

Law Reform (Contributory Negligence) Act 1945

Provides that:

Any damages awarded to C can be reduced according to how much C contributed to his own harm

Blame will be decided by a judge

Judge decides whether D is negligent to C, then sets the full amount of damages and then reduces the amount by percentage of harm caused by C

Sayers v Harlow UDC

C injured by the way she escaped D’s toilet, damages reduced by 25% due to her contributing to her injuries

Badger v MOD

D exposed C to asbestos and C contracted lung cancer but had 20% less recoverable damages because C was a smoker by choice

Brannon v Airtours

D gave C free alcohol who had got injured on the table dancing by a fan above whilst drunk, C’s damages were reduced by 60% for actively getting drunk

Jaynes v IMI

C was not following health and safety at work by removing a guard on some machinery and lost a finger whilst cleaning the machinery, C was found 100% contributory negligent for this

That of a reasonably prudent person

What is the standard of care for Contributory Negligence?

Volenti Non Fit Injuria

What is “there can be no injury to one who consents” called?

Defence of Consent

What is Volenti Non Fit Injuria also known as?

Defence of consent

What defence can be used if it is proven that:

C knew about the risk involved

There was exercise of free choice by C

C voluntarily accepted the risk involved

Stermer v Lawson

Defence of consent failed here because C borrowed D’s motorbike and was injured because he had not been shown how to work one, and therefore did not appreciate the actual risk involved in using one

No

Can there be consent if C lacked the mental competence to agree?

Yes

By voluntarily taking part in sports are individuals deemed to have consented to the risks inherent in that sport?