Self-test questions: Defences

. Which of the following defences to negligence operates merely as a partial defence reducing the damages awarded?

. What is the limitation period for a personal injury tort claim caused by "Negligence, nuisance or breach of duty"?

. Astrid is involved in an accident at work on 1st January, on 1st June she learns that she was suffering from depression as a result of the accident. What is the relevant limitation period for Astrid to bring a claim?

. Ritchie is driving his car but without wearing a seatbelt. Bella is driving in the opposite direction and negligently loses control of her car and crashes into Ritchie. He is thrown from his seat, through the windscreen of his car suffering serious injuries, there is expert evidence that had he been wearing the seatbelt then he would not have suffered anything more than minor bruising. What will be the impact of Ritchie's failure to wear a seatbelt upon liability?

. Gary is riding his motorcycle on a main road, Nick is in his car in a side road and turns on to the main road without looking carefully and collides with Gary, who suffers injuries and damage to his motorcycle. Gary was driving at twice the legal speed limit at the time and did not see Nick's car, nor did he attempt to take evasive action due to his speed. What is the correct statement of law?

. Emma goes into a changing room in the Defendant's clothes store. She shuts the door and the lock falls off, in such a way as to trap her inside; the lock has been negligently fixed to the door by an employee of the Defendant. Emma's attempts to alert the Defendant's employees to her predicament, are unsuccessful so after 5 minutes she builds a tower of boxes that are in the changing room to enable her to climb up and over the door. Emma falls and injures her hip. Can Emma bring a successful negligence claim?

. Estelle works in a factory which has large heavy machinery moving over her head at regular intervals. Estelle has been working in the factory for a number of years and is well aware of the movement of this machinery. One day the machinery, which has not been properly maintained, malfunctions and part of it collapses on top of Estelle causing her serious injuries. Can Estelle bring a successful negligence claim?

. One of the Defendant's employees was injured and stuck in a poorly maintained tunnel, due to the Defendant's negligence. The emergency services had been called but were delayed, so Natalie (a paramedic who was passing by) climbed into the tunnel to help the employee. She slipped and fell and was badly injured. Can Natalie successfully sue the Defendant?

. Fox LJ in the case of Morris v Murray [1991] in which the Court of Appeal did apply a defence of volenti non fit injuria said, "Volenti as a defence has, perhaps, been in retreat during this century." On what basis was he making this argument?

. Monty had been drinking whiskey and wine all day with his friend Basil who was a pilot. Monty persuaded Basil to take him up in a light plane and Basil died when he crashed the plane. Can Monty successfully bring a claim against Basil's estate in negligence?

. Frankie and Johnny were acting together in a burglary. Frankie was the getaway driver, whilst Johnny entered the property and stole a laptop. Johnny got into the car with the stolen goods and Frankie drove off. The police arrived at the scene and followed their vehicle; Frankie drove dangerously and Johnny was injured when Frankie drove the car into a tree. Can Frankie successfully bring a claim in negligence against Johnny?

. Sia has entered the UK illegally to work as a nanny for Marie. While at work she trips and injures herself due to Marie's negligence in leaving a trailing wire across the floor. Marie has told Sia that she is not able to bring a claim against her because she is in the UK illegally, is this correct?

. In which illegality case did the Court adopt a "range of factors" approach to weigh up the various policy arguments in favour and against applying the defence of illegality, to determine whether allowing the claim would run counter to public policy?

. What is the principle in the case of Condon v Basi [1985] in relation to the defence of volenti non fit injuria/assumption of risk?

. In which Supreme Court decision has the correct approach to the illegality defence been settled? The Court decided (by a 6-3 majority) that to assess whether it is contrary to the public interest to enforce a claim if it would be harmful to the integrity of the legal system and would need to consider a) the underlying purpose of the prohibition which has been transgressed and whether that purpose will be enhanced by the denial of the claim, b) to consider any other relevant public policy on which the denial of the claim may have an impact & c) to consider whether the denial of the claim would be a proportionate response to the illegality.

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