Week 9 - Defences to a Claim of Negligence

Question 1

What are the two types of defences to negligence claims?

Answer 1

• complete defences - no liability at all
• partial defences - accepts some responsibility but asserts claimant must also be responsible

Question 2

What appears to be the best solution in terms of defences against negligence claims?

Answer 2

Avoiding negligence actions in the first place

Question 3

What are the four most common forms of defence?

Answer 3

• illegality
• consent
• contributory negligence
• necessity

Question 4

Define illegality

Answer 4

Where claimants committed an illegal act, but could have been forced to do so e.g human trafficking

Question 5

Define consent

Answer 5

No injury is done to a consenting party e.g signing a consent form before surgery

Question 6

Define contributory negligence

Answer 6

Where you were equally negligent e.g getting in someones car without wearing seatbelt

Question 7

What kind of defence is consent?

Answer 7

A complete defence

Question 8

Define necessity

Answer 8

When the tortfeasor has acted in a way as to prevent greater harm occurring - the defendant must prove they/someone was in imminent danger