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What is the effect of contributory negligence on the plaintiff's damages?
What is the effect of voluntary assumption of risk on the plaintiff's claim for damages?
What is the purpose of an exclusion of liability clause in a contract?
What is the effect of statutory authority on the plaintiff's claim for damages?
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What is the definition of contributory negligence?
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What is the effect of the necessity defense on the plaintiff's claim?
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What is the key factor in determining an inevitable accident?
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Under what circumstances may a plaintiff's claim be barred?
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What is an example of a situation where the necessity defense may apply?
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What is the primary purpose of the illegality defense?
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Study Notes
Defences to the Tort of Negligence
Contributory Negligence
- Definition: The plaintiff's own negligence contributed to the harm or damage they suffered
- Effect: Reduces the plaintiff's damages in proportion to their degree of fault
- Example: A pedestrian crosses the road without looking and is hit by a car that was speeding. The pedestrian's damages may be reduced due to their own contributory negligence.
Voluntary Assumption of Risk
- Definition: The plaintiff knowingly and voluntarily assumes the risk of harm or injury
- Effect: Bars the plaintiff's claim for damages
- Example: A person participates in a dangerous sport, such as skydiving, and is injured. They may have voluntarily assumed the risk of harm.
Exclusion of Liability
- Definition: The defendant excludes or limits their liability through a contract or agreement
- Effect: Bars or limits the plaintiff's claim for damages
- Example: A person signs a waiver or contract that excludes the defendant's liability for certain activities or risks.
Statutory Authority
- Definition: The defendant's actions were authorized by a statute or law
- Effect: Bars the plaintiff's claim for damages
- Example: A government agency demolishes a building to widen a road, and a person is injured. The agency may have statutory authority to perform the demolition.
Necessity
- Definition: The defendant's actions were necessary to prevent a greater harm or danger
- Effect: Bars the plaintiff's claim for damages
- Example: A doctor performs an emergency surgery to save a person's life, but causes some injury in the process. The doctor's actions may be justified by necessity.
Inevitable Accident
- Definition: The accident was unavoidable and could not have been prevented by the defendant's reasonable care
- Effect: Bars the plaintiff's claim for damages
- Example: A plane crashes due to a mechanical failure that could not have been predicted or prevented. The airline may not be liable for the accident.
Illegality
- Definition: The plaintiff's actions were illegal or unlawful, and the harm or damage resulted from their illegal activity
- Effect: Bars the plaintiff's claim for damages
- Example: A person is injured while committing a crime, and sues the defendant for their injuries. The plaintiff's illegal activity may bar their claim.
Defences to the Tort of Negligence
Contributory Negligence
- The plaintiff's own negligence contributed to the harm or damage they suffered.
- Reduces the plaintiff's damages in proportion to their degree of fault.
- Can be used to reduce damages, but does not completely bar the plaintiff's claim.
Voluntary Assumption of Risk
- The plaintiff knowingly and voluntarily assumes the risk of harm or injury.
- Bars the plaintiff's claim for damages.
- Applies to situations where the plaintiff was aware of the risk and still chose to engage in the activity.
Exclusion of Liability
- The defendant excludes or limits their liability through a contract or agreement.
- Bars or limits the plaintiff's claim for damages.
- Can be used to limit the defendant's liability, but may not be enforceable in all cases.
Statutory Authority
- The defendant's actions were authorized by a statute or law.
- Bars the plaintiff's claim for damages.
- Applies to situations where the defendant was acting in accordance with a law or regulation.
Necessity
- The defendant's actions were necessary to prevent a greater harm or danger.
- Bars the plaintiff's claim for damages.
- Applies to situations where the defendant's actions were necessary to prevent a greater harm or danger.
Inevitable Accident
- The accident was unavoidable and could not have been prevented by the defendant's reasonable care.
- Bars the plaintiff's claim for damages.
- Applies to situations where the accident was unforeseeable and unavoidable.
Illegality
- The plaintiff's actions were illegal or unlawful, and the harm or damage resulted from their illegal activity.
- Bars the plaintiff's claim for damages.
- Applies to situations where the plaintiff's illegal activity contributed to the harm or damage they suffered.
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Description
Learn about the defences to the tort of negligence, including contributory negligence and voluntary assumption of risk. Understand how these defences can impact compensation for damages.
