This is an extract of our Defences In Tort Notes document, which we sell as part of our Tort Law Notes collection written by the top tier of Oxford students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Tort Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Defences in Tort Notes 2013. Contributory Negligence.
Law Reform (Contributory Negligence) Act 1945 - 1(1) - If C part responsible for the damage done then damages are reduced as the court thinks just and equitable provided: (a) this won't defeat any defence under a contract, and (b) where damages under contract are limited, these will not be exceeded.
Jones (1816) - Negligence of driver meant C had to jump from coach - he broke his leg. Lord Ellenborough - If I place a man in a situation that he must adopt a perilous alternative, I am responsible for the consequences.
Froom (1976) - C was injured when car struck by D's. Injuries exacerbated by C choosing not to wear a seatbelt. Lord Denning MR - C is guilty of contributory negligence if he ought reasonably have foreseen that if he didn't act as a reasonable, prudent man he might be hurt. Here we must blame C for part of damage attributable to not wearing a belt. In so far as the belt would have reduced damage, damages must be reduced. If belt would all but prevent damage we will reduce damages by 25%, where it would significantly reduce damage we will reduce by 15% [where do figures come from?].
Fitzgerald (1989) - F crossed road on red light. He was struck by L's car and thrown into the path of P's car, both had been negligent. Court - must split damages that would have been awarded to a non-negligent C between the defendant and the contributory claimant.
Reeves (1999) - Police had duty of care to look after C's welfare whilst in custody. C killed himself. Court - C was contributed to negligence by deliberately harming self so damages were reduced by 50%. Exception to the rule that deliberate acts of a person of sound mind taking advantage of D's negligence would destroy causative link.
Exclusion of Liability.
Unfair Contract Terms Act 1973 - 1(1) - Neg is breach of (a) obligation arising from terms, (b) common law duty, and (c) Occupiers liability Act.
Buy the full version of these notes or essay plans and more in our Tort Law Notes.