Chapter 6 Self-test questions

. Which of the following statements is True of the defence of contributory negligence?

It provides a complete 'all or nothing' defence to a negligence action.

It enables the court to apportion responsibility for the damage between the claimant and the defendant.

It enables the defendant to join another defendant to the action.

. Contributory negligence is judged according to the damage rather than the cause of the accident.

True

False

. Which of the cases listed below relates to contributory negligence and children?

Gough v Thorne In Jackson v Murray (2015) UKSC the Supreme Court reviewed the approach to contributory negligence in the case of a 13-year-old girl who suffered serious injuries when she stepped out from behind her school minibus into the path of an oncoming car. In this this case girl's contributory negligence was re-assed at 50 per cent.

Owens v Brimmel

Jones v Livox Quarries Ltd

Jones v Boyce

. Which of the following statements is True concerning the defence of volenti non fit injuria?

It is frequently used in cases of accidents at work.

It provides a partial or apportioned defence.

The courts are reluctant to allow volenti to be used against rescuers.

Knowledge of the risk is sufficient to imply consent to that risk.

. What is the meaning of the maxim ex turpi causa non oritur actio?

The fact that an activity is negligent means that it is also illegal.

A claimant who was engaged in an illegal activity is presumed to consent to all relevant risks.

It would be an affront to public conscience to assist a claimant whose action arises out of an illegal activity.

. The case of Pitts v Hunt resulted in the successful application of which defence?

Contributory negligence.

Ex turpi causa.

Vicarious liability.

. Volenti was successfully applied in the case of Watson v British Boxing Board of Control.

True

False

. Maria works in a bakery with her colleague Tony. The machine used for mixing the dough is faulty and Tony's arm becomes trapped in it. Despite the arrival of the emergency services, she tries to help free his arm and is herself injured. In an action against her employer, which of the following defences (if any) would be most likely to assist the employer?

Contributory negligence.

Ex turpi causa non orituractio.

Volentinon fit injuria.

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