Defences Against Negligence Flashcards
What is Defence to Negligence?
Where the defendant can provide a defence that will reduce the liability, even after the elements of negligence have been established
What are the main Defences to Negligence?
Contributory Negligence, Voluntary Assumption of Risk and Illegality of the Activity
What is Contributory to Negligence?
Where the plaintiff has acted or omitted in a way that they have contributed to the damage to themselves
What happens if the court accepts the contributory to Negligence?
Compensation is awarded and is reduced by the percentage of the plaintiff’s contribution
What is Voluntary Assumption of Risk?
If the plaintiff has consented to participating in an activity that lead to the negligent act
What is Defence to Negligence?
Where the defendant can provide a defence that will reduce the liability, even after the elements of negligence have been established
What is another term for Voluntary Assumption of Risk and what does it mean?
Volenti non fit injuria is a Latin term that means ‘there can be no injury to the willing”
What must be proven to establish Voluntary Assumption of Risk?
