Defences to negligence



Publication Details

J. Goudkamp, 'Defences to Negligence' in C. Sappideen & P. Vines(ed), Fleming's The Law of Torts (2011) 317-354.


[extract] Preceding chapters dealt with the elements of the action in negligence. This chapter addresses four pleas that the defendant can make to avoid or reduce his or her liability in this tort: "contributory negligence", "voluntary assumption of risk", "exclusion of liability" and "illegalitt'. It is convenient to make some observations about these defences generally. First, in the case of Australia, they have all been significantly affected by the civil liability statutes? It is, therefore, necessary to consider these statutes in some detail. Regrettably, this is not a straightforward task since they are far from nniform and are, on the whole, a tangled web of ill-considered provisions.

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Thomson Reuters

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