Below is a Summary,
Please look at the powerpoint below this for more detailed session
Defences to Negligence
A person being sued for negligence may present several defences to the court.
● No duty of care was owed. A defendant relying on this defence would claim that it was not reasonable to foresee that the actions would cause the loss or damage suffered.
● The duty of care was not breached. A duty of care is not breached if the defendant acted as any normal person would and the injury was the result of an accident or could not reasonably have been stopped. For example, at a cricket match a ball may be hit into the spectator area and possibly injure someone; it may not be feasible to fence the entire ground to avoid such a possibility.
● No damage occurred or the injury was caused by other means. The defendant claims that although they may have breached their duty of care to the plaintiff, the plaintiff suffered no damage. Alternatively, the defendant may claim that the damage or injury suffered by the plaintiff was not the result of the defendant’s breach.
● The plaintiff contributed to the damages. This defence is known as contributory negligence. Contributory negligence is when the person injured is in some way partly responsible for the injury. In these cases, the court may award a lesser payout.
● The plaintiff willingly took a risk. There can be no claim of negligence where a person willingly consents to the risk that caused the injury and fully appreciates the dangers involved in the action. This is the case with many sporting injuries occurring within normal game play.
Please look at the powerpoint below this for more detailed session
Defences to Negligence
A person being sued for negligence may present several defences to the court.
● No duty of care was owed. A defendant relying on this defence would claim that it was not reasonable to foresee that the actions would cause the loss or damage suffered.
● The duty of care was not breached. A duty of care is not breached if the defendant acted as any normal person would and the injury was the result of an accident or could not reasonably have been stopped. For example, at a cricket match a ball may be hit into the spectator area and possibly injure someone; it may not be feasible to fence the entire ground to avoid such a possibility.
● No damage occurred or the injury was caused by other means. The defendant claims that although they may have breached their duty of care to the plaintiff, the plaintiff suffered no damage. Alternatively, the defendant may claim that the damage or injury suffered by the plaintiff was not the result of the defendant’s breach.
● The plaintiff contributed to the damages. This defence is known as contributory negligence. Contributory negligence is when the person injured is in some way partly responsible for the injury. In these cases, the court may award a lesser payout.
● The plaintiff willingly took a risk. There can be no claim of negligence where a person willingly consents to the risk that caused the injury and fully appreciates the dangers involved in the action. This is the case with many sporting injuries occurring within normal game play.