Illegality
claimant did a criminal act
and defence of illegality will
apply
case: ashton v turner
claimantt takes part in a
robbery and suffers injury.
claimant wants to sue his co
burglar for negligence.
the claim for negligence will
fail.
case: grey v thames train ltd
contributory negligence volenti non fit injuria
partial defence complete (not make
s.1 (1) law reform responsible at all) defences
(contributory negligence) act voluntary assumption of risk
1995 of harm by claimant
claimants damages will be
reduced, courts will apportion elements:
the damages - claimant had full
knowledge of extent
elements: of the risk
- claimant fail to take - agreed to run the risk
resonable care for his - claimant doing it
own safety voluntarily
- led to damages Volenti in sports: wooldridrge
v sumner
examples:
- riding on the outside volenti involving employer
of motor vehicle ; employee relationships smith
James v Livox v baker
quarries pg 53, ici v shatwell
Davies v Swan Motor
Co volenti involving rescues
haynes v harwood
cutler v united diaries
- failure to use safety
equipment ; froom v
butcher pg54
- stepping in the
highway ; fitzgerald v
lane
children: traditional views :
can be CN ; then theis idea
change Gough v Thorne,
Yachuk v Oliver Blais co LTD
traditionally, children can be
said to be contributary
negligence