TORT 1.12E NEGLIGENCE (DEFENCES)
DEFENCES TO THE TORT OF NEGLIGENCE
There are two major defences to the tort of negligence.
- Contributory negligence evans V
- Volenti non fit injuria. Daun V hamlington- he knew that the person giving him the lift was drunk? Smith V The stones falling.
Mcloughlin V . O’Brain: The plaintiff’s husband and children were involved in a fatal car accident and the story was communicated to her an hour later. Upon reaching the hospital and seeing them stich her kids and hear them cry, she suffered nervous shock. Her claim against the plaintiffs was upheld.