A Partial defence which will reduce d’s responsibility but not eliminate it. Its a statutory defence
found under the law reform act 1945 but previously was common law. Its where both c and d are
responsible with it being up to the judge to determine the amount of blame given to the D. Under
s.1, the judge will determine the full number of damages and then apply contrib neg to amend the
amount. 2-part test- c must have failed to take care of their own safety and failure to take care was a
contrib cause of the damage suffered. [Gough]- child of 13 not expected to have fully develop road
sense. [sayers]- damages reduces 25 as they tried to climb out of toilet. [Revill] burglar 2/3 rd to
blame being shot.
VOLENTI non fit injuria (CONSENT):
No injury can be done to a willing person ie the vol assumption of risk. 2-part test – D must prove
that C fully knew about the risk [Stermer]- C hadn't been shown how to use the bike properly. And C
voluntarily accepted the risk [smith]- C not voluntary, was under instruction of employment.
Rescuers will not have consented as it’s a part of their job so they don’t have a choice [ogwo]-no
defence against firefighter. If C consents, then it’s a complete defence. Consent can be implied by
involvement ect: watching sports games - [Murray]-6yo hit by puck. Hazardous activities-
[Poppleton]- inexperienced rock climber copy pros. [Morris]- pilot had 17 whiskies and C still
consented to flying with D.
Warning notices:
complete defence under 2.3(4) OLA1957 ‘a warning is ineffective unless in all circumstance it was
enough to enable the visitor to be reasonably safe. Is case dependent. [Rae]- deep pit in dark shed
couldn’t be warned against as it wouldn’t have been seen whereas [Westwood]- D want liable as
there was a sign saying auth personnel only.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller alfierahn. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.49. You're not tied to anything after your purchase.