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Defences to a Negligence Claim: Contributory Negligence and Consent, Schemes and Mind Maps of Consumer Law

Two common defences to a negligence claim: contributory negligence and consent. Contributory negligence allows damages to be reduced if the claimant partially caused their own injury. Consent (volenti non fit injuria) is a full defence where the claimant knowingly and willingly accepted the risk of harm. examples and cases illustrating these defences.

What you will learn

  • What are the three elements required for consent to be a valid defence in a negligence claim?
  • Can a person consent to a risk and still claim negligence if they are injured?
  • What is contributory negligence and how does it affect damages in a negligence claim?

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 09/27/2022

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Defences to a negligence claim

1. Contributory Negligence

  • Damages can be reduced if the claimant had partly caused or contributed to his own injury
  • Judge will decide how much percentage the damages will be reduced by.
  • Partial defence
  • Sayers v Harlow
  • C was trapped in a toilet she tried to escape and was injured. D was liable but damages were reduced by 25% due to the way she tried to escape
  • Jayes v IMI
  • C lost a finger at work. D were liable but he was found to be 100% contributorily negligent as he had removed the guard

2.Consent ( Volenti non fit injuria) (latin “ no

injury is done to one who consents”)

  • Full defence C consents to the risk of harm
  • He must have
    1. Knowledge of the precise risk involved
  • Stermer v Lawson
  • D borrowed d’s motorbike Consent failed as he had not been properly shown how to use the bike
    1. Exercise of free choice by C
  • Smith v Baker
  • C complained that a crane was working above him as he worked. Some rocks fell on him. Consent failed as he had no choice but to continue to work.
  • When a person has a duty to act and is injured because of D’s negligence, Consent will not be available…relevant in rescue cases
  • Haynes v Harwood
  • C was injured trying to stop a horse that had not been tethered properly. Consent failed
  • Ogwo v Taylor
  • C a fireman suffered burns. D was liable
  • A tort must be committed before the defence can be applied
  • Woolridge v Sumner
  • D lost control of a horse and injured C. there was no breach of duty just error of judgement