Defences

Question 1

What is contributory negligence ?

Answer 1

contributory negligence allows a defendant to reduce his/ her
liability to the extent that the plaintiff’s injuries were a result of the plaintiff’s own negligence.

Question 2

3 exceptions of contributory negligence ?

Answer 2

1. Where it is not possible to establish different degrees of fault, liability is to be spread equally
2. Where the plaintiff is shown to have voluntarily waived his legal rights eg. signing a waiver form at a trampoline park
3. Where contract or statute expressly sets a limit to liability,

Question 3

Voluntary assumption of risk ?

Answer 3

This defence applies where a person consents to harm (or the risk of harm) that is directly inflicted upon him by way of negligence.

eg. taking part in a dangerous car challenge then getting injured