Defences to Claims - Tort Law

Vicarious Liability

This form of liability arises as a form of strict, secondary liability within the common law whereby it is argued that someone in a senior position may be held to be responsible for the acts of their subordinate via the agency relationship. Read more...

Volenti Non Fit Injuria

The concept of ‘Volenti Non Fit Injuria’ recognises that that to which someone consents cannot be considered an injury, in keeping with the decision in Rootes v. Shelton [1968] ALR 33. Read more...

Contributory Negligence

As a common law defence, contributory negligence refers to the idea that someone may be considered careless in looking after their own safety... read more...

Illegality (‘ex turpi causa non oritur actio’)

This defence, under the common law in relation to the principles associated with the concept of tort... read more...

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