Tort 2 - Defences to Negligence

Question 1

What defences are available for neglience?

Answer 1

1. Contributory negligence
2. Voluntary assumption of risk
3. Exclusion of liability
4. Illegality

Question 2

What is contributory negligence?

Answer 2

Failure by the client to take reasonable care of their own safety which contributes to their harm or damage suffered

Question 3

What did the Law reform Contributory negligence Act 1945 address?

Answer 3

Reduces claimant’s award - does not defeat it entirely

Question 4

What test must be satisfied for a defendant to use the voluntary assumption of risk defence?

Answer 4

1. Claimant had full knowledge of the risk
2. Claimant freely and voluntarily assumed the risk

Question 5

Where does the voluntary assumption of risk not apply?

Answer 5

Passengers in road traffic accidents

Question 6

What scenarios can a defendant never exclude their liability?

Answer 6

Death or personal injury

Question 7

What is the test to assess if liability can be excluded?

Answer 7

Reasonable or fair to do so

Question 8

What is the defence of illegality?

Answer 8

Claimant cannot recover damages from harm suffered while taking part in criminal activity