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9084 · 4.4.1

Defences

9084 Tort — consent, contributory negligence, volenti, necessity, and statutory authority.

Need to know

What you need to know

  • A defence is a legal argument used by the defendant to avoid or reduce liability.
  • The burden of proof is on the defendant to establish the defence.
  • Complete defences (e.g., volenti, necessity) defeat the claim entirely.
  • Partial defences (e.g., contributory negligence) reduce the amount of damages awarded.

Explanation

Defences

  1. A defence is a legal argument used by the defendant to avoid or reduce liability.
  2. The burden of proof is on the defendant to establish the defence.
  3. Complete defences (e.g., volenti, necessity) defeat the claim entirely.
  4. Partial defences (e.g., contributory negligence) reduce the amount of damages awarded.