ABSTRACT
This chapter considers specific defences to claims in negligence, and looks at the remedies that the court can award a successful claimant. It also looks at the specific defences that may be pleaded by the defendant in tort. The chapter explains the remedies available in negligence. Contributory negligence is a partial defence. The claim succeeds, but the damages awarded are reduced by a percentage. Voluntary assumption of risk and illegality are complete defences: if they succeed, then the claim fails. Other remedies include court orders, or injunctions, to make the defendant do something or to prevent him or her from doing something. As Sir Thomas Bingham MR stated, ‘the rule of public policy which has first claim on the loyalty of the law [is] that wrongs should be remedied’. The main remedy in negligence is financial, in the form of damages. The other remedies available to the courts are injunctions, or orders, and declarations.
