Studied by 1 person
Brannon v Airtours
Where C is partly to blame for the accident happening, contributory negligence applies
Froom v Butcher
Where C's act or omission made their injuries or losses worse than they should have been, contributory negligence applies damages should be reduced
Law Reform (Contributory Negligence) Act 1945
Where D can show that:
(i) C's own behaviour was below the standard of the reasonable person; and (ii) This behaviour contributed to C's loss — contributory negligence will apply
Volenti non fit injuria
Latin term for the defence of consent (voluntary assumption of risk)
Morris v Murray
Consent applies where C knows there is a risk of D acting negligently and freely consents to take that risk.
Smith v Baker
Simply knowing of a risk does not amount to consent where C has little choice but to take it
Haynes v Harwood
The court held that consent was not freely given as C felt a moral obligation to try to help people in danger - d was liable
Note 
Flashcard (34)