general defences

contributory negligence

• Law Reform (Contributory Negligence) Act 1945

  • where a person suffers damage partly as a result of their own fault … their damages will be reduced to reflect their fault ​

  • so, partial defence

  • Froom V Butcher​

• Emergency situations- any action by C that is reasonable in the moment is not contributory negligence. ​

  • Jones V Boyce

• With children, no age limit is specified for when they can contribute to their own negligence.

  • Morales​

volenti non fit injuria- consent

• “voluntary assumption of risk”

• a complete defence if C:

  1. knows of the precise risk involved

     • cannot consent to a risk they have no knowledge​

     • Murray/Poppleton

  2. voluntarily accepts

     • must be in a position to choose freely

     • must have full knowledge of the circumstances.​

     • Morris V Murray

  3. C has exercised free choice​

     • Employer/employee relationships- employees have little choice if their employer tells them to do something

     • Smith V Baker Shatwell

Sport

Watson V Grey

Rescuers

Baker V Hopkins