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Defences in Tort (Consent (Requirements (Full consent (Consent is not…
Defences in Tort
Consent
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s149 RTA 1988;
Anyone in a vehicle as a passenger, is not automatically consenting to the actions taken by the driver
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Limitation of Actions
Purpose of rule
Not to bar claims which have merit, but to encourage prompt actions by claimants and advisors
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Contributory Negligence
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Must consider whether the action of the claimant was a cause of the injury, or merely circumstance of the injury
Jones v Livox Quarries (1952): if a rider of a motorbike was crushed by another vehicle, then it would be a cause. But if he was shot by a negligent huntsman, then it would be a mere circumstance
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