Lesson 08

• Possible Defences

  1. Contributory negligence

  • Prove that the plaintiff contributed to the harmful situation or is partly to blame for the harm done
  • Generally reduces the amount of damages
  • Court examines the conduct of the plaintiff and assess how they may have contributed to their own loss/damage/injury
• Possible Defences

  2. Assumption of Risk

  Voluntary acceptable of risk of injury (volenti non fit injuria)

  ‘To a willing person, injury is not done’

  Defendant must prove that plaintiff was aware of an obvious risk and that he/she voluntarily chose to take the risk