Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Tort: Defences and Remedies
Contributory Negligence, Volenti and Other Defences
- 4 things to know
- Paper 2
Overview
Recall questions on contributory negligence and how damages are reduced, what volenti requires beyond knowledge of the risk, prescription and statutory authority in nuisance, and the defences to Rylands v Fletcher.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What must the defendant prove regarding the claimant's awareness for volenti to succeed?
Key term
What is the defence of statutory authority in private nuisance?
Process
Which Act governs contributory negligence, and how is the reduction in damages decided?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is contributory negligence and what effect does it have on a claimant's damages?
Model answer
Contributory negligence is a partial defence that reduces the claimant's damages where their own fault contributed to the harm suffered.
- 2
Which statute governs the defence of contributory negligence?
Model answer
The Law Reform (Contributory Negligence) Act 1945.
- 3
How does a court determine the extent to which damages should be reduced for contributory negligence?
Model answer
Damages are reduced to such extent as the court thinks just and equitable having regard to the claimant's share in responsibility for the damage.
- 4
What must be shown regarding the claimant's conduct for contributory negligence to apply?
Model answer
The claimant must have failed to take reasonable care for their own safety.
- 5
Besides the claimant's failure to take care, what causal element must be established for contributory negligence?
Model answer
There must be a causal link between the claimant's failure to take reasonable care and the damage suffered.
- 6
What does the Latin phrase 'volenti non fit injuria' mean, and what is its effect on a claim?
Model answer
It means 'to a willing person, no injury is done' and operates as a complete defence barring the claimant's claim entirely.
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