Please enable JavaScript.
Coggle requires JavaScript to display documents.
Defences (Volenti and breach of duty (Woodridge V Sumner (Elliott V…
Defences
Volenti and breach of duty
Woodridge V Sumner
Elliott V Saunders
Tomlinson V Congleton (occupiers) activity
Watson v Boxing Assiciation
Contributory Negligence
Old Case - Butterfield V Forrester
1945 Act where a person suffers damage as a result of partly their own fault and partly of the fault of another person, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage but should be reduced to such an extent as the court thinks fit.
Jones V Livox Quarries If the damage was made worse by reason of his position than they otherwise would have been then the damage is partly their fault.
Reeves V Police Commissioner of the Metrpopolis
Corrs V IBC
Apportionment Foom V Butcher (Failure to wear a seat belt). Part of the damage was from D part from C. Share of responsibilitythe negligent driver shall bear by far the greater share because it was his negligence which caused the accident. Suffice to make a share on the basis of just and reasonable in the great majority of cases.
Where the evidence will show that the failure made no difference then no apportionment. Where the evidence will show that it made all the difference then 25%.
Condolin V Pohjola
Pitts V Hunt - If there is no fault of the D then upon application of the law there will be no liability. IF there is fault and there is contrib neg then the damages can by accordingly reduced. Therefore there cannot be 100% reduction.
D's Negligence creating emergency
Adams V Lancashire and Yorkshire Railway Co (1869)
Morris V Murray - Implied agreement to accept the risk
Dann V Hamilton
Imperial Chemical Co. V Shatwell (1965)