Broad Defences

Question 1

Contributory Negligence

Answer 1

Under Section 3, a claim for damages is no longer entirely barred if the plaintiff is partly at fault. Instead, the damages are reduced proportionately based on the plaintiff’s share of responsibility for the harm.

Question 2

When does contributory negligence apply?

Answer 2

Plaintiff’s conduct must be a cause of the loss.
Plaintiff’s conduct only need contribute to the damage, not the event that originally caused the accident.
Does not apply if the injured person acts reasonably.

Question 3

Consent to International Tort

Answer 3

Did plaintiff consent (or tacitly accept) the conduct?
1. Consent communicated to wrongdoer;
2. Must be clear what is being consented to.

Question 4

Voluntary assumption of risk

Answer 4

Requires the plaintiff to have knowingly and willingly accepted the risks associated with an activity. If proven, it absolves the defendant from liability.

Question 5

Subjective test

Answer 5

State of mind of Plaintiff
Requirements:
1. Full knowledge of risks
2. Consent: must match risk and knowledge does not = consent.