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What is the main purpose of the Law Reform (Contributory Negligence) Act 1945?
What is the main purpose of the Law Reform (Contributory Negligence) Act 1945?
- To reduce the damages recoverable based on the claimant's contribution to the damage (correct)
- To completely absolve defendants from any wrongdoing
- To allow claimants to sue for damages even if they were partly at fault
- To find claimants 100% liable for any damage suffered
In cases of contributory negligence, what was the position before the Law Reform (Contributory Negligence) Act 1945?
In cases of contributory negligence, what was the position before the Law Reform (Contributory Negligence) Act 1945?
- Defendants were completely absolved of any liability (correct)
- Defendants had to prove the claimant's contribution to the damage
- Claimants were not allowed to sue for any damages
- Claimants had to prove 100% fault of the defendant
What does the doctrine of volenti non fit injuria imply?
What does the doctrine of volenti non fit injuria imply?
- Claimants are completely absolved of any fault if they consented
- Claimants can sue for any harm suffered, regardless of consent
- No wrong is done to one who consents to undertake a risk of harm (correct)
- Defendants are always found fully liable if consent is involved
In Ex turpi causa non oritur action, what scenario leads to the defendant being completely absolved?
In Ex turpi causa non oritur action, what scenario leads to the defendant being completely absolved?
What was the outcome in Pitts v Hunt regarding contributory negligence?
What was the outcome in Pitts v Hunt regarding contributory negligence?
What did Lord Reed emphasize about apportionment of responsibility in Jackson v Murray?
What did Lord Reed emphasize about apportionment of responsibility in Jackson v Murray?
What did the Supreme Court rule in Patel v Mirza (2016) regarding the claimant's right to recover money?
What did the Supreme Court rule in Patel v Mirza (2016) regarding the claimant's right to recover money?
In what way did the Lord Neuberge in Jetivia SA v Bilta (UK) Limited (2015) emphasize the need for addressing the defence of illegality?
In what way did the Lord Neuberge in Jetivia SA v Bilta (UK) Limited (2015) emphasize the need for addressing the defence of illegality?
How did Pitts v Hunt (1991) differ from Patel v Mirza (2016) in terms of legal defense application?
How did Pitts v Hunt (1991) differ from Patel v Mirza (2016) in terms of legal defense application?
What did the majority opinion suggest should be considered when evaluating a claim in an illegal contract situation?
What did the majority opinion suggest should be considered when evaluating a claim in an illegal contract situation?
What did the CoA rule regarding the volenti defense in Pitts v Hunt (1991)?
What did the CoA rule regarding the volenti defense in Pitts v Hunt (1991)?
According to the minority opinion in Patel v Mirza, what was a consequence of making value judgments about respective claims of public interest?
According to the minority opinion in Patel v Mirza, what was a consequence of making value judgments about respective claims of public interest?
In the context of contributory negligence, what does 'fault' mean according to the Law Reform (Contributory Negligence) Act 1945?
In the context of contributory negligence, what does 'fault' mean according to the Law Reform (Contributory Negligence) Act 1945?
How did the House of Lords rule in Reeves v Commissioner of Police of the Metropolis (1999) regarding contributory negligence?
How did the House of Lords rule in Reeves v Commissioner of Police of the Metropolis (1999) regarding contributory negligence?
What was the outcome in Froom v Butcher (1976) regarding contributory negligence?
What was the outcome in Froom v Butcher (1976) regarding contributory negligence?
According to Griffith J in Smith v Finch (2009), why was the plaintiff held negligent?
According to Griffith J in Smith v Finch (2009), why was the plaintiff held negligent?
In Jones v Livox Quarries Ltd (1952), why was the plaintiff held liable despite his argument?
In Jones v Livox Quarries Ltd (1952), why was the plaintiff held liable despite his argument?
According to Lord Denning, under what circumstances can an older child be found guilty of contributory negligence?
According to Lord Denning, under what circumstances can an older child be found guilty of contributory negligence?
How does contributory negligence apply in emergency situations according to courts?
How does contributory negligence apply in emergency situations according to courts?
In Yachuck v Oliver Blais Co Ltd (1949), why was there no finding of contributory negligence for the 9yo boy?
In Yachuck v Oliver Blais Co Ltd (1949), why was there no finding of contributory negligence for the 9yo boy?
'Contributory negligence: Children' cases like Gough v Thorne (1966) emphasize what factor in determining child negligence?
'Contributory negligence: Children' cases like Gough v Thorne (1966) emphasize what factor in determining child negligence?
In the case of ICI Ltd v Shatewell (1965), why was the employer not held liable for the injuries suffered by the plaintiff and another workman?
In the case of ICI Ltd v Shatewell (1965), why was the employer not held liable for the injuries suffered by the plaintiff and another workman?
According to the Sporting activities ruling in Simms v Leigh Rugby Football Club Ltd (1969), when does the volenti rule apply?
According to the Sporting activities ruling in Simms v Leigh Rugby Football Club Ltd (1969), when does the volenti rule apply?
Why did the Court of Appeal hold that the volenti rule was inapplicable in Bakers v Hopkins (1959)?
Why did the Court of Appeal hold that the volenti rule was inapplicable in Bakers v Hopkins (1959)?
In Clunis v Camden and Islington Health Authority (1998), why did the Court of Appeal agree with the defendant's ex turpi causa defense?
In Clunis v Camden and Islington Health Authority (1998), why did the Court of Appeal agree with the defendant's ex turpi causa defense?
What was the outcome of Gray v Thames Trains Ltd (2009) regarding the claimant's attempt to recover damages post-manslaughter?
What was the outcome of Gray v Thames Trains Ltd (2009) regarding the claimant's attempt to recover damages post-manslaughter?
In Joyce O'Brien (2013), why was there no recovery allowed for injury sustained during a getaway following theft?
In Joyce O'Brien (2013), why was there no recovery allowed for injury sustained during a getaway following theft?
What distinguishes between Delaney v Pickett (2011) and Joyce O'Brien (2013) regarding recovery for injuries?
What distinguishes between Delaney v Pickett (2011) and Joyce O'Brien (2013) regarding recovery for injuries?
Why was the claimant allowed to proceed with a claim in Griffin v UHY Hacker Young & Partners (2010) despite contravening a strict liability law?
Why was the claimant allowed to proceed with a claim in Griffin v UHY Hacker Young & Partners (2010) despite contravening a strict liability law?
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Study Notes
Contributory Negligence
- Contributory negligence is a defence that reduces damages recoverable by the claimant, not a complete defence (Law Reform (Contributory Negligence) Act 1945, S 1)
- Damages are reduced to such extent as the court thinks just and equitable, having regard to the claimant's share in the responsibility for the damage
- Finding 100% contributory negligence is not permitted (Pitts v Hunt, 1991; Jackson v Murray, 2015)
Contributory Negligence: Causation
- Jones v Livox Quarries Ltd (1952): Plaintiff was held liable for contributory negligence, even though he took a risk of being thrown off, not being run into a traxcavator
Contributory Negligence: Children
- Yachuck v Oliver Blais Co Ltd (1949): 9-year-old boy was not held liable for contributory negligence, as he was too young to take precautions for his own safety
- Gough v Thorne (1966): 13-year-old girl was not held liable for contributory negligence, as she was not expected to take precautions for her own safety
- Lord Denning's guidelines: a child is not guilty of contributory negligence unless they are of an age to take precautions for their own safety and are blameworthy
Contributory Negligence: Emergency Situations
- Courts are reluctant to find contributory negligence in emergency situations, due to exceptional circumstances (Jones v Boyce, 1816)
Volenti Non Fit Injuria
- Claimant voluntarily assumes the risk involved in an activity (express or implied)
- Defendant must prove claimant had full knowledge of the nature and extent of the risk (Smith v Charles Baker & Sons, 1891)
- Volenti non fit injuria is a complete defence (ICI Ltd v Shatewell, 1965)
- Applies to sporting activities, but only within the logic of the game (Simms v Leigh Rugby Football Club Ltd, 1969)
Ex Turpi Causa Non Oritur Actio
- No action for illegal cause; affront to public conscience (Clunis v Camden and Islington Health Authority, 1998)
- Applies to joint criminal enterprise (Joyce O'Brien, 2013)
- Exception: innocent offence (Griffin v UHY Hacker Young & Partners, 2010)
- Ex turpi causa non oritur actio is a flexible public policy doctrine (Joyce O'Brien, 2013)
- Overlap with volenti non fit injuria (Pitts v Hunt, 1991)
- Consideration of various factors, including public policy, proportionality, and underlying purpose of the law (Patel v Mirza, 2016)
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