Defences to negligence and occupier's liability

Defences to negligence and occupier's liability

Contributory negligence (stupidity):

• This is where the claimant has contributed to their own negligence. Therefore the defendant is liable, but not for the full amount of compensation.
• The Law Reform (Contributory Negligence) Act 1945 states that you will reduce damages according to the extent or level to which the claimant contributed to his own harm. 
• E.g. the case of Sayers and the case of Jayes v IMI

Volenti non fit injuria (consent):

• This is a complete defence (so no liability on the defendant).
• This can't be used for road traffic, as said in S149 of the Road Traffic Act 1988.
• The defendant…