consent and contributory negligence

what is required for consent?

did the defendant appreciate the risk of harm and freely accept it?

case where they didn’t appreciate the risk?

sterner v lawson

case where claimant didnt accept risk?

smith v baker

what type of defence is consent?

a complete defence

contributory negligence act?

the law reform (contributory negligence) act 1945

what does contributory negligence mean?

damages can be reduced according to the extent that the claimant has contributed to their own harm

what must be considered?

did the claimant fail to take care of his own safety and did this cause the damage?

case where the claimant accepted a lift from a drunk driver?

stinton v stinton

case where the claimant didn’t wear a crash helmet?

o’connell v jackson