LAWS1061 Chapter Notes - Chapter 11: Voluntary Action, Contributory Negligence
Document Summary
A defendant who is proven to be negligent may still defend himself using various defences. Some are complete defences (as in, completely barring the plaintiff"s claim), whilst others only reduce the amount of damages which the defendant will have to pay to the plaintiff. This article is a topic within the subject torts. Sappideen, vines, grant & watson, torts: commentary and materials (lawbook co, 10th ed, 2009), pp. [1] a defendant may claim a defence against a negligence claim. This is different from contesting a negligence claim (such as alleging that the damages were too remote or that the duty of care has not been breached). In the case of a defence, the defendant makes a claim and must bring evidence to prove that it, whereas in the case of contesting, it is the onus of the plaintiff to prove the defendant"s liability.
