Defences

Contributory negligence

D may be able to claim contributory negligent. It was introduced by the Law Reform (contributory negligence) act 1945. Any damages to the C can be reduced according to the extent that the C contributed to their own harm (Sawyers v Harlow UDC). The defence is commonly used in relation to road traffic accidents (Froom v Butcher). As …. the damages could be reduced by 25%.

Violenti non fit injuria

D may be able to claim for violenti non fit injuria. This is a complete defence, D isn’t liable for risks which the C willingly accepts. There are three requirements. Firstly, C needs to have the knowledge of the precise risk involved (Stermer v Lawson). Secondly, the exercise of free choice by the C (Haynes v Harwood). Finally, voluntary acceptance of the risk (Smith v Baker).

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