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EnglandLegal StudiesQuick questions
The Law of Tort (Components 2 and 3)
Quick questions on Defences and remedies in tort - Eduqas A-Level Law Component 2
3short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is contributory negligence?Show answer
Contributory negligence is a partial defence under the Law Reform (Contributory Negligence) Act 1945. Where the claimant has failed to take reasonable care for their own safety and that failure contributed to the damage, the court reduces the damages by the proportion that is just and equitable. Classic examples are not wearing a seatbelt (Froom v Butcher, a reduction of up to about 25 per cent depending on the difference it would have made) and not wearing a crash helmet (O'Connell v Jackson). The claimant still wins, but recovers less.
What is q1?Show answer
Explain the defence of consent (volenti non fit injuria) in the law of tort. [10 marks]
What is q2?Show answer
A cyclist is knocked off her bike by a negligent driver but was not wearing a helmet and suffers a worse head injury as a result. Advise on the defences and on the damages she may recover. [20 marks]
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