ABSTRACT
This chapter explains the general defences which are available in tort. There are two factors which are relevant to the defence: public policy and causation – involving the extent to which the claimant's illegal act has caused the claimant's injuries. The original common-law rule was that if the defendant could show that the claimant was partly to blame for the accident this was a complete defence and the defendant was not liable in negligence. Contributory negligence only applies to the claimant and not to any other party involved in an accident, for example, the defendant or a third party. The claimant's act must either partly cause the accident or must cause some of the damage. The harm to the claimant must be the kind of harm which is likely to happen from the claimant's careless act. If the claimant consents to the defendant's act then the defendant is not liable.
