Tort Defences

Question 1

What are the three defences to a tort?

Answer 1

defence of volenti non fit injuria.

contributory negligence.

ex turpi causa non oritur action.

Question 2

Describe ‘Volenti non fit injria’

Answer 2

This is Latin for “to a willing person, injury is not done”.

It is sometimes shortened to just ‘volenti’.

To use successful use volenti the defendant must prove that the claimant had knowledge of the risk and willingly consented to accept that risk.

Volenti is a complete defence that will mean there is no liability for injury or loss.