DEFENCES

Contributory Negligence/Consent/Civil Remedies/Paymemts

Contributory Negligence

Law Reform Act (1945)- C contributed to harm in some way, doesn’t prevent claim→ damages can be reduced

Sayers v Harlow- C contributed, despite emergency and error of judgement, damages were be reduced by 25%

Jones v Boyce- Acted reasonably in the ‘agony of the moment’ allows for mistakes in emergencies

Consent/Volenti

Elements:

1. C knows the risk

2. C voluntarily decides to take the risk

3. C expressly agrees to wave any claim in respect of such injury

Smith v Baker- Defence unavailable, continuance in service with knowledge of risk was NOT consent

Road Traffic Act (1998)- excludes use of volenti to allow drivers to avoid liability to passengers

Pitts v Hunt- could not rely on defence as he 100% contributed to the negligence

Sidaway v Gov. of Hospitals- No liability when doctor had warned of risk but not possible consequences

Civil/Tort Remedies

Damages: may be awarded for P.I or damage to property.

Injunctions: C may want to stop actions of D and can request an injunction

LOSS OF EARNINGS:

1) Basic Compensatory Damage

Special Damages-

• losses can be estimated

• financial loss suffered up until trial

• e.g Loss of Earnings/ Damage to Goods/ Hospital Bills, prescriptions

General Damages-

• no readily quantifiable trigger, judge decides

• split into Pecuniary (future losses) and Non-pecuniary (pain/suffering)

2) Expenses to cover treatment of injuries and to friends/relatives losses from caring for C

3) Pain and suffering + Loss of Amenity

Blindness- £175,000

Loss of 1 Arm- £75,000

Facial scar (female)- £53,000

How are Civil/Tort Remedies Paid?

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