Defences against successful actions in negligence can be used to avoid, reduce, or limit liability in the following ways:
a) Avoid – an employee can claim under the principle of vicarious liability that it is their employer who is liable for their own negligence
b) Reduce – the contributory negligence of the claimant can result in a reduction in damages where it can be proved that the claimant had contributed to their injury in some way. In exceptional circumstances damages have been reduced by 100%
c) Reduce - ‘Volenti non fit injuria’ (no wrong is done to one who consents) applies when there is a known risk on behalf of the claimant, such as a boxer entering a ring to fight. In such cases though it must be proved that the claimant knew of, and consented to, such risks
d) Limit – The Limitation Act 1980 states that claims in tort should be brought to court within six years from the date of negligence. In personal injury claims this has been reduced to three years
Breach Of Duty Of Care (Defences)
