Defences

Cards (2)

  • Contributory negligence
    The claimant by their own actions has contributed to the harm/loss suffered e.g. a passenger in a car crash who hadn't used the seatbelt (Stanton v Collinson)
  • Volenti non fit injura (consent)
    1. The claimant had full knowledge of the nature and extent of the risk involved
    2. The claimant freely and voluntarily gave their consent