Defences to negligence - Failure to take reasonable care for one's own safety

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Overview

In negligence law, knowing the defences is key to determining liability and shaping legal outcomes. This article delves into three key defences: contributory negligence, voluntary assumption of risk, and illegality. Understanding these is crucial for SQE1 FLK1 exam candidates, as they frequently impact negligence claims. We will explore their legal foundations, essential case law, and practical applications, providing a clear view of their roles in tort law today.

Contributory Negligence

Contributory negligence is a partial defence when a claimant’s own carelessness contributes to their harm. It does not fully exempt the defendant from liability but can reduce the damages owed.

Legal Framework and Statutory Basis

The Law Reform (Contributory Negligence) Act 1945 provides the legal foundation. This Act allows courts to cut damages based on the claimant's role in the harm. Section 1(1) states:

"When any person suffers damage partly due to their own fault and partly to another's, a claim shall not be defeated by their fault, but the recoverable damages shall be reduced justly."

Key Principles and Case Law

  1. Fault Apportionment: Courts evaluate the relative blame of both parties. In Stapley v Gypsum Mines Ltd [1953] AC 663, the importance of assessing each party's responsibility and the impact of their actions was highlighted.

  2. Standard of Care: Claimants must meet the reasonable person standard, considering all circumstances. Froom v Butcher [1976] QB 286 provided guidelines when claimants did not use seatbelts.

  3. Causation: Claimant’s negligence must contribute to the harm. In Jones v Livox Quarries Ltd [1952] 2 QB 608, it was determined that negligence must be a cause, not just a context, for the damage.

Example in Practice

A pedestrian, distracted by their phone, is hit by a speeding driver. Both share responsibility:

  • The driver exceeded the speed limit.
  • The pedestrian ignored traffic.

The court might assign 70% fault to the driver and 30% to the pedestrian, adjusting damages accordingly.

Voluntary Assumption of Risk

Voluntary assumption of risk, or volenti non fit injuria, is a full defence, claiming the claimant accepted the risk involved, relieving the defendant of liability.

Legal Principles and Requirements

To prove this defence, the defendant must show:

  1. The claimant knew the risk.
  2. The claimant willingly accepted it.

Case Law and Development

  1. Knowledge of Risk: In Wooldridge v Sumner [1963] 2 QB 43, attending a horse show meant accepting risks of being near the event.

  2. Defence Limits: Nettleship v Weston [1971] 2 QB 691 showed it doesn't apply where a duty of care exists, like between instructors and learners.

  3. Contractual Exclusion: Courts are cautious about excluding liability, especially for consumers, under the Unfair Contract Terms Act 1977.

Application and Limitations

This defence is less applicable today, especially in workplaces and consumer settings. Courts are hesitant to find voluntary risk in these areas.

Example

A climber signs a waiver acknowledging climbing risks and gets injured by loose rock. If:

  • The waiver describes the risks.
  • The climber understands these risks.
  • The injury stems from a typical climbing risk, not guide negligence,

the defence might succeed.

Illegality as a Defence

Illegality, or ex turpi causa non oritur actio, bars claims if the claimant’s illegal actions contributed to their harm.

Legal Principles and Evolution

The illegality defence has evolved, notably in Patel v Mirza [2016] UKSC 42, which redefined its use.

Key points include:

  1. Considering the purpose of the breached law.
  2. Weighing public policies that might be undermined.
  3. Ensuring a balanced application of the law.

Application and Case Law

  1. Direct Illegality Link: In Gray v Thames Trains Ltd [2009] UKHL 33, a claimant couldn’t claim lost earnings due to imprisonment for manslaughter.

  2. Proportionality: Les Laboratoires Servier v Apotex Inc [2014] UKSC 55 stressed a balanced response based on the illegality's severity.

  3. Public Policy: In Hounga v Allen [2014] UKSC 47, a claim for racial discrimination was allowed despite the claimant’s illegal employment.

Example in Practice

A burglar injured in a neglected building due to a floor collapse might be denied a claim under traditional approaches. However, under Patel v Mirza, considerations include:

  • The seriousness of the burglar's actions.
  • The owner's negligence.
  • Public policy aspects of either denying or allowing the claim.

A partial recovery might be allowed by balancing the illegal act and duty of care.

Conclusion

Knowing defences like contributory negligence, voluntary risk acceptance, and illegality is important for SQE1 FLK1 candidates and practicing lawyers. These defences influence negligence law and present different approaches to liability. Key takeaways include:

  1. Contributory negligence allows assigning responsibility based on the claimant’s fault.
  2. Voluntary risk is a full defence but less common now, particularly in jobs and consumer cases.
  3. The illegality defence now factors in public policy and balance, as seen in Patel v Mirza.
  4. Each requires careful evaluation of specific circumstances and broader policy aspects.
  5. These defences can greatly affect negligence claims' outcomes, influencing liability and damages.

Understanding these ideas helps legal professionals analyze complex negligence issues and understand their wider impact.