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2 - Tort (Defences (Statutory authority (Plea that tort is permitted by…

- - - - Claimant agrees to deliberate act which would otherwise be a tort
        
        e.g. a boxing match
      - Cases of sportsmen suing for being deliberately injured
    - - Otherwise know as 'assumption of risk'
      - Claimant consented to risk of negligence
      - Sometimes used against injured passengers who knew their driver was drunk
      - Hardly ever applied to an employment injury
      - Primarily a defence to negligence
      - Does not apply in the case of rescue
  - - - No longer due to Law Reform (Contributory Negligence) Act (1945)
        
        Damages awarded simply reduced
  - - - Can recover contribution from another party as per the Civil Liabiity (Contribution) Act (1978)
- - - - Amount is not fixed in advance but will be decided by the court
    - - Parties will agree in advance what compensation for a breach of contract is to be
  - - - Criminal
        
        Punish offenders who have harmed interests of society
      - Civil
        
        To provide compensation to victim of tortious act
    - - Criminal
        
        Police or public prosecutor
      - Civil
        
        The victim (claimant)
- - - - Some illnesses and injuries, e.g. asbestosis, remain hidden for a long time
      - Time period in this case runs from the date of knowledge
    - - Can include damage such as deterioration of foundations or crack in a chimney
      - 6 years from when the damage began or 3 years from discovery
  - - - 3 years for personal injury
      - Six years for other torts
      - 1 year for libel and slander
- - - - For certain torts, e.g. assualt and trespass, court can award increased damage for motive
        
        Damaging claimant's sense of dignity or pride
    - - Awards which exceed the loss suffered
      - Intended to punish defendant for actions
    - - Claimant must give notice of special damages when they make their claim
        
        Precise financial assessment, e.g. damaged clothes
      - General damages are those assumed, e.g. personal injury
    - - Used when no real loss has occurred, such as libel or trespass
      - Court may award token sum to recognise defendant was in the wrong
    - - Award of tiny sum (traditionally smallest coin of realm)
      - Marks courts low opinion of claim or disapproval of claimant's conduct
  - - - Mandatory injunction
        
        To do something
        
        Knock down wall blocking right of way
      - Prohibitory injunction
        
        To refrain from doing something
        
        Not to publish libellous book