Negligence Defenses in Tort Law, Unit 9
Автор: The Study Law Podcast
Загружено: 2025-01-26
Просмотров: 79
Unit 9 - Negligence Defences explores three primary defences in negligence claims: contributory negligence, volenti non fit injuria (voluntary assumption of risk), and illegality (ex turpi causa). Contributory negligence is a partial defence that reduces damages proportionally when the claimant's lack of reasonable care contributes to their harm, as seen in cases like Froom v Butcher. Volenti, a complete defence, applies when a claimant knowingly and willingly assumes the risk of harm, such as in Morris v Murray. Illegality, another complete defence, prevents claimants from recovering damages if their injuries occurred during illegal acts, with public policy considerations central to its application, as demonstrated in Gray v Thames Trains. All three defences emphasise personal responsibility, with courts balancing fairness, public interest, and the integrity of the legal system in determining outcomes. #NegligenceDefences #TortLaw #ContributoryNegligence #Volenti #Illegality
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