C. What defences are available to the defendant?
Even if the plaintiff proves duty, breach, causation and damage, the defendant may still have a defence that defeats the claim entirely or reduces the damages recoverable.
The principal defences discussed in relation to negligence are:
- contributory negligence
- voluntary assumption of risk (volenti non fit injuria)
- illegality
In addition, a plaintiff’s failure to take reasonable steps to limit further loss after the event may reduce damages under the separate principle of mitigation, although mitigation is not strictly a defence to liability.
The important distinction is that some defences are complete, defeating the claim entirely, while others are partial, merely reducing damages.
