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

Download Defences to a Negligence Claim: Contributory Negligence and Consent and more Schemes and Mind Maps Consumer Law in PDF only on Docsity! 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. 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 . • 3. A voluntary acceptance of the risk • ICI ltd v Shatwell • C ignored employers instructions and handled a detonator and was injured. Consent was allowed as he had accepted the risk • 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