Defenses to Negligence & Limits on Liability Flashcards
The defense of volenti non fit injuria is based on what principle?
Voluntary assumption of risk - based on the principle that “no wrong is done to one who consents”
A waiver can be what kind of defense to negligence?
Voluntary assumption of risk
Ex turpi causa non oritur actio, Latin for “an action does not arise out of a shameful cause”, describes what defense to negligence?
illegality - a true defense that eliminates the defendant’s liability based on the action’s illegality
A plaintiff is not permitted to use a tort action to make a profit from something illegal
Hebert v Hall
The following describes which partial defense to negligence
Similar to negligence, except that the plaintiff must take precaution for their own safety. Reduces the amount of damages the defendant would have to pay
Contributory negligence
The act of awarding damages based on the contribution of each negligent party
Apportionment
Unless the Limitations Act states otherwise, what is the limitation period?
Two years since the claim was discovered
complete defense
What is the Discoverability Principle?
The exact date you discovered the injury, loss or damage
The following describes what type of liability?
The principle that all tortfeasors are collectively and individually liable for the plaintiff’s loss
Joint and several liability
