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5 Cards in this Set
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What are the possible defences in Negligence claims? (3) |
1. Contributory Negligence (partial defence) 2. Volenti non fit injuria - Voluntary waiver (Complete defence) 3. Ex turpi caus non oritur action - Illegality (Complete Defence) |
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What is under S1(1) of the Law Reform (Contributory Negligence) Act 1945? |
'where any persons suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated...but the damages recoverable in respect thereof shall be reduced to such an extent as the courts think just and equitable having regard to the claimant's share in responsibility' |
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How is fault defined in the Law Reform (Contributory Negligence) Act 1945? |
Section 4: “negligence, breach of statutory duty or otheract or omission which gives rise to liability in tort” including loss of life,personal injury, economic loss and property damage
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What must be proven for an actionable defence of contributory negligence? (3 criteria) |
1. Claimant failed to exercise reasonable care for his/her own safety 2. Which contributed to the damage 3. Therefore his damages should be reduced to an extent Comparative blameworthiness determines extent |
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Can a passenger in a road accident be said to have voluntarily accepted the risk? |
No. Section 149(3) Road Traffic Act: The factthat a person so carried has willingly accepted as his the risk of negligenceon the part of the user shall not be treated as negating any such liability ofthe user. |
