The victim's behaviour in tort law

• Main Author: Sheboub, Abdelmagid
• Published: University of East Anglia 2009
• Subjects: 340
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.514217

This thesis deals with the behaviour of the victim in tort law from three major perspectives: contributory negligence, duty to mitigate and consent. For this purpose three important questions are tackled: (1) How is the victim ensured fair compensation for the damage he has suffered? (2) Does the victim deserve full damages in all situations, or can it be reduced if he has contributed to his loss or injury? (3) Does the victim always have the right to be compensated? Contributory negligence is surveyed over several chapters that cover the rules governing each area. Chapter 1 examines the 1945 Act and the law of negligence. Chapter 2 investigates whether the Act can be applied when the damage to the victim is caused intentionally. Chapter 3 explores the application of the 1945 Act under the rules of strict liability. Chapter 4 looks at the 1945 Act and the law of contract. Chapter 5 discusses the concept of the duty to mitigate; its meaning, its aims, its legal basis, its principal conditions for application and the extent to which compensation may be affected by failure to mitigate. Chapter 6 deals with the definition, function and requirements of consent and volenti non fit injuria comparing it with other available defences, and the tendency to restrict the defence of consent. The study concentrates on medical treatment cases, where consent plays a key role in determining whether or not there is battery, negligence or false imprisonment. However, other situations, including criminal cases, are also examined. Chapter 7 summarises the research and provides the final conclusions arrived at in this thesis.