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General defenses (Volenti non fit injuria (consent) (a person who consents…
General defenses
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Contributory negligence
a partial defence which allows the courts to apportion the blame and to reduce the damages awarded to such an extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damages.
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courts to take account of:
a) whether the claimant has failed to take reasonable care for his own safety
Badger v Ministry of Defence
b) age of the claimants
Yachuk v Oliver Blaise
Necessity
where the defendant intentionally causes damage in the course of preventing some other greater damage
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Illegality
where the claimant has committed an illegal act, they may be prevented from suing
Ashton v Turner
Inevitable accident
where the defendant can show that despite exercising all reasonable care and taking reasonable precautions, the accident could not have been avoided
Statutory authority
if a statute authorises someone to do something which would normally amount to a tort, then the person committing the act cannot be found liable