Comprehensive Report on Defences in Tort of Negligence: Legal Analysis

This report delves into the core defences available in the tort of negligence, offering a detailed analysis of each. It explores Contributory Negligence, where the plaintiff's own negligence contributes to their injuries, impacting the compensation awarded. The report also examines Volenti Non Fit Injuria, which addresses situations where the plaintiff knowingly accepts the risk, and Ex Turpi Causa, which discusses cases involving illegal activities. Furthermore, the report touches upon Comparative Negligence and the Last Clear Chance doctrine, providing a comprehensive overview of the legal principles and their applications. The report offers clear explanations and examples to aid understanding of these complex legal concepts, making it a valuable resource for students and legal professionals alike. The report covers key aspects of the defence, including the legal implications and practical applications of each defence.

Tort of Negligence

Table Of Content
• Explanation of Defences in the Tort of
Negligence
• Contributory negligence
• Volenti Non Fit Injuria
• Ex Turpi Causa
• Evidences

Explanation of Defences in the
Tort of Negligence
Tort of negligence refers to careless behaviour which doesn't refers on a
particular state of mind. Therefore, there are various defence available
to tort of negligence. It includes Contributory negligence, Volunti Non
Fit Injuria, Ex Turpi Causa, Comparative negligence and more.

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Contributory Negligence: It is one of the most commonly used
defences where defendant attempts for denying the plaintiff right to
actions. For this purpose, they claim that own negligence of plaintiff
leads to cause injuries. In this regard, both defendants and plaintiff
found guilty, where suspect has the duty to reduce chance of risk to
others, while petitioner to protect themselves from any possible harm.

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Volunti Non Fit Injuria
As per this defence, an individual who agree to take harm on risk has
not allowed to demand for compensation, in case of any damage or
injury. For example: If an employee who finds himself in unsafe
working environment and still agree to work there, then it shows their
agreed to waive legal rights.
Ex Turpi Causa: As per this defence, a petitioner if found to be
engaged in criminal activity then no action will be taken against
damage or injury, for an illegal act.

Contributory negligence
As per this defence, suspect can deny the petition of plaintiff by
claiming the careless or own negligence that result in injuries. In this
regard, contributory negligence includes the knowledge of petitioner
that he must have taken precaution to protect own from any type of
unnecessary actions or risks. Therefore, in such condition plaintiff is
not awarded for any damage as per petition against defendant.

Volenti Non Fit Injuria
This Act applies where damage is attributable to the fault of individual
who voluntarily agrees to take action at own risk. Therefore, in case of
any injury they are not liable to demand from compensation against
damage and risk of life or other assets. But only knowledge is not
considered as sufficient for establishment of such a defence, a written
waiver of right is required to claim compensation, for any negligence
suffices.

Ex Turpi Causa
This defence states that no action in tort of negligence is allows if a
plaintiff is engaged in illegal activities. In rare cases, an award of
injury is enable a plaintiff for avoiding a criminal sanction is Ex turpi
causa. Therefore, it is also known as law of illegality defence because
even an individual broke a contract conducted themselves as
negligence.

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The another defence that allows defendants to make appeal in Tort of
Negligence are The House of Lords, Comparative Negligence, Last
Clear Chance and more. Here, defendants are permitted to claims
against actions of plaintiff that their own negligence has played a major
role in their injuries. For example: In Comparative Negligence,
comparison of negligence of both defendants and petitioners are made
to take actions.