General Defences


The general defences to tort are often tested by examiners. This may take the form of a specific question on, say, volenti, or may form part of another question. Thus, contributory negligence is regularly tested in questions involving a variety of aspects of the tort of negligence. Where contributory negligence is tested, apart from the seat-belt guidelines in Froom v Butcher (1975), candidates would not be required to estimate figures for any reduction in damages.

Question 47

Norman and Mark went out for a social evening using Mark’s car. They called at a public house, where they both consumed a large amount ...

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