Defences (AQA A-Level Law): Quizzes

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Contributory Negligence
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What type of defence is contributory negligence in tort law?

A partial defence

Which Act governs contributory negligence?

Law Reform (Contributory Negligence) 1945

Who bears the burden of proof for contributory negligence?

The defendant

How many elements must the defendant establish for contributory negligence?

Two elements

What does the reasonable care standard focus on in contributory negligence?

What a reasonable person would do to protect themselves

What must the claimant's failure have done to the damage suffered?

Materially contributed to the harm

Which case established that not wearing a seat belt can reduce damages?

Froom v Butcher (1976)

Which case involved acts of self-harm or suicide as contributory negligence?

Reeves v Commissioner of Police (2000)

What is the key difference between consent and contributory negligence?

Consent is complete; contributory is partial

Why do courts prefer contributory negligence over consent since 1945?

Allows apportionment of loss between parties

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