short notes on general defences, for last minute reference, very short ones for a level students, hope it was helpful

2. Contributory negligence
 S1(1) of law reform (CN) act 1945- where any person
suffers damages as a result of his own fault and partly
of the fault of another person, a claim in respect of
that damage shall not be defeated by the reason of
fault of the person suffering damages. But the damages
recoverable in respect thereof shall be reduced to such
as extend as the courts think its just and equitable
 Acts as a partial defence

3. 3 issues
 Damages
 Fault
 Apportionment

4. requirements
 Requirements of contributory negligence
 The burden of proof is on the defendant to
demonstrate:
 1. The claimant failed to take proper care in the
circumstances for their own safety
 2. The failure to take care was a contributory cause of
the damage suffered

5. Dilemma principle
 Court makes allowance for claimant to act reasonably
when faced with negligent act of defendant. Claimant
cannot be contributory negligent when provided that
the condition in jones v boyce is established
 1. the defendant put the claimant in the position of
imminent danger
 2. claimant acts in agony of the moment produced by
dilemma
 3. claimant acted reasonable in apprehension of
danger
 4. claimant acted reasonably

6. Special cases in contributory
negligence
 Cases involving children
gough v thorne- child can be contributory negligent
yachuk v oliver blais- would a reasonable child of that
age having the average intelligence of a child of that age
would have known
 Cases involving workman- approach more lenient
 Flower v ebbw vale steel

7.  Rescuers – harrison v british railway board

8. Volenti Non fit injuria
 Full defence, defendant can escape liability if can
prove VNFI
 Requires
 1, Voluntary- claimant must have had genuine freedom
of choice (ICI V Shatwell)- shot firers contrast with
smith v baker
 2. agreement – morris v murray
 3. knowledge- subjective test. Claimant must have
knowledge of the existence of risk and its nature plus
extent

9. Ex turpi causa- defence of illegality
 Based on public policy
 An action cannot be founded on a base cause
 Aston v turner c/f with revill v newberry