ABSTRACT

The defences which apply to cases of negligence include volenti non fit injuria, contributory negligence and novus actus interveniens. A case can fail for want of proof of causation, foreseeability or remoteness of damage. Most defences will oust the injured person’s claim, but contributory negligence will reduce the compensation proportionately. In theory, a plaintiff may be found to be 100% contributorily negligent, although in practice this is rare.