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
- 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.