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NEGLIGENCE- DEFENCES (3 defences particularly relevant for negligence…

- - - - "One who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong"
      - Some commentators distinguish between accepting a risk and consenting to intentional torts
    - - :one: C was fully aware of all the risks involved, including both the nature and the extent of the risk
        
        Nettleship v Weston
        
        Complete knowledge of danger
        
        Morris v Murray
        
        Appreciating extent and nature of risks
      - :two: C expressly (by his statement) or impliedly (by his actions) voluntarily agreed to the risk or exclusion of liability
        
        Smith v Baker
        
        Consent must be given voluntarily
  - - - Narrow formulation
        
        C cannot recover for damage which is the consequence of a sentence imposed upon him for criminal act
      - Wider formulation
        
        C cannot recover for damage suffered due to C's engaging in criminal activity
    - - Needs to be a sufficiently close connection between the illegality and the tort required to bar the claim
  - - - :one: Did C fail to exercise reasonable care for his own safety?
        
        Jones v Boyce
        
        no contributory negligence if C chooses course of action risking injury to avoid reasonably perceived immediate danger
      - :two: Did this failure contribute to C's injury?
        
        Jones v Livox Quarries
        
        •C's careless behaviour must contribute to his injuries
      - :three: By what extent should C's damages be reduced?
        
        Stapley v Gypsum Mines
        
        Courts consider comparative blameworthiness of C and D- if equally to blame, 50%
        
        Froom v Butcher
        
        Damages reduced by 20% for avoidable injuries
        
        Caswell v Powell Duffryn
        
        for employees, the courts are generous and rarely reduce damages, particularly with dull or repetitive work
      - s1 Law Reform (Contributory Negligence) Act 1945