DEFENCES TO NEGLIGENCE

Question 1

3 defence to negligence

Answer 1

1. Volenti non fit injuria ( assumption of risk) – The plaintiff voluntarily accepts the risk of harm.
2. Contributory negligence – The plaintiff’s own fault contributed to the harm.
3. Ex turpi causa ( illegality) – The plaintiff can’t claim damages if they were involved in illegal behaviour.

Question 2

volenti today

Answer 2

The Civil Liability Act 1961 doesn’t directly mention volenti non fit injuria (voluntary assumption of risk), but Section 34(1)(b) talks about a defence where the plaintiff agrees to waive their legal rights before the act that caused injury. This can be understood as a form of volenti.

Question 2

volenti

Answer 2

the legal maxim, violent non fit injuria, means no injustice is done to somebody who wants that thing done” this idea is that if someone voluntarily accepts the risk of harm, they can’t claim damages if harm is done. If a person knowingly puts themselves in a risky situation, they can’t sue for any injury that results. For example, a boxer agrees to being hit and accepts the injuries that might come with it.Historically, this defence was used in employment cases to deny workers compensation if they continued working after knowing the conditions were dangerous.

Answer 3

• Waiving Rights: If the plaintiff agrees (whether or not they pay) to waive their right to sue, they can’t claim for injury later. This could happen through an agreement or understanding between the plaintiff and defendant.
• No Payment Required: Unlike the old understanding, no payment is necessary for volenti to apply. It’s enough for the plaintiff to knowingly accept the risk.
• Applies to Everyone: Volenti can apply to both amateurs and professionals, not just
  in professional contexts like sports.* In the case O’Hanlon v ESB (1969), the court said that if the plaintiff communicated that they understood the risk and agreed not to sue, volenti could apply even without any payment involved.
  So, volenti doesn’t always need an actual payment but just an agreement where the plaintiff knows the risk and chooses to accept it.

Question 4

Volenti non fit injuria (Assumption of Risk)
*

Answer 4

What it means: If someone knowingly and voluntarily accepts a risk of harm, they can’t sue for any injury that happens.
* Example: A boxer knows they will be hit during a match. If they get injured, they can’t sue the other boxer because they agreed to the risk.
* Key point: The person must fully understand the risk and still choose to face it.

Question 5

Contributory Negligence

Answer 5

What it means: If the plaintiff (the person bringing the case) was partly at fault for the accident, they might still get compensation, but it will be reduced based on their own negligence.
* Example: If someone is hit by a car but they were jaywalking (crossing the street illegally), the driver may still be partly at fault, but the person who was jaywalking may have their damages reduced because they contributed to the accident.
* Key point: It’s about sharing blame—the more the plaintiff contributed to their injury, the less compensation they get.

Question 6

Ex Turpi Causa Non Oritur Action.

Answer 6

• What it means: If the plaintiff’s injury is connected to an illegal or immoral act, they can’t claim damages.
• Example: If someone is injured while committing a crime, like getting hurt during a robbery, they can’t sue for their injuries because their own illegal actions led to the harm.
• Key point: Illegal conduct by the plaintiff means no compensation.

Question 7

what is gone?

Answer 7

• Common Employment Doctrine: This old defence used to say that an employer wasn’t liable for injuries suffered by workers due to the fault of other workers. It’s been abolished in modern law.

Question 8

summary.

Answer 8

• Volenti non fit injuria: No claim if you accept the risk.
• Contributory Negligence: If you partly cause the accident, you get less compensation.
• Ex Turpi Causa: No claim if your injury is related to illegal activity.