ABSTRACT
Q Understand that Volenti is a complete defence removing liability while contributory negligence is only a partial defence with the effect of reducing damages
Q Be able to critically analyse the two defences Q Be able to apply the two defences to factual situations
5.1 Introduction Causation also needs to be considered when determining whether or not the claimant has either accepted a risk of harm and voluntarily taken it, or indeed has otherwise contributed to his own damage by taking insuffi cient care for his own safety. In this way a claimant who takes part in sporting activities, particularly in the case of a contact sport, may have voluntarily assumed the risk of injury by taking part and being aware of the nature of the sport. Similarly in the case of road traffi c accidents there may be contributory negligence, for instance where the claimant has failed to wear a seat belt, or in the case of an accident involving a motorbike where the claimant failed to wear a crash helmet.
