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

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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

• 2. 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