Tort - Negligence (defences)

Defences to Negligence There are certain Defences which have a particular relevance to claims in negligence, one of these is Contributory negligence It operates where the Plaintiff’s own fault has contributed to the damage suffered and the damages payable are reduced in proportion to the degree of fault. Before the Law Reform (Contributory Negligence) Act 1945, contributory negligence was a complete defence and no damages were recoverable where the injuries were caused partly by the …

…V SMITH [1995] The House of Lords held that in claims for nervous shock, It is necessary to distinguish between primary and secondary victims. Where the P is a primary victim, personal injury of some kind must be foreseeable, but it is not necessary to show that injury by shock was foreseeable. Where the plaintiff is a secondary victim the defendant will not be liable unless psychiatric injury is foreseeable in a person of normal fortitude.