Page 97 - Microsoft Word - 00 Prelims.docx

The law of torts

Defences to a claim in negligence

There are four main defences to a charge of negligence:

Contributory negligence

If the claimant is partly responsible for his own injuries, the defendant
can plead the defence of contributory negligence. The court may then
reduce any damages it awards to the claimant depending on the degree
to which he is judged responsible for his loss.

Many of the cases on this defence involve road accidents where for
example the claimant was not wearing a seat belt or a crash helmet.

Volenti non fit injuria

This applies where the claimant has freely consented to the risk of loss
or damage due to the defendant’s actions. It amounts to an agreement
by the claimant to exempt the defendant from a duty of care that he
would otherwise owe.

Volenti does not apply merely because the claimant had knowledge of
the risk. They must have taken action to show that they consented to
having no legal redress.

93