Topic 14: Defences

Question 1

What are the general defences that apply to all torts?

Answer 1

Ex Turpi Causa (Illegality), Volenti (Consent), Tortious elements not fulfilled

Question 2

When is the Illegality defence applicable?

Answer 2

When the C has engaged in some sort of illegal activity

Question 3

What are the three subsections of the Illegality defence?

Answer 3

1. Joint Illegal Enterprise Cases 2. Unilateral Illegality Cases 3. “Sanction-Shifting” Cases

Question 4

Explain the three subsections of the Illegality defence

Answer 4

JIEC = Both C and D engaged in illegal activity, UIC = Only C engaged in illegal activity, SSC = C attempts to use tort law to deflect impact of criminal law

Question 5

What are the elements of the Consent defence?

Answer 5

1. C knew of risk to injury 2. C voluntarily agreed to incur the risk

Question 6

What is contributory negligence?

Answer 6

When the C has somehow contributed to their injuries

Question 7

What are the elements of contributory negligence?

Answer 7

1. Has the C exercised reasonable care? 2. Did the C’s actions contribute to the damage the C suffered? 3. By what extent should C’s damages be reduced?

Question 8

Is contributory negligence a partial or complete defence?

Answer 8

Partial defence as it would only lower the damages the C would receive