Principles of Tort Law

The defences available in negligence comprise the following: (1) contributory negligence, i.e., that C carelessly contributed to his own injury; (2) volenti, i.e., that C fully and freely assumed the risk of injury created by D’s breach; (3) illegality, i.e., that C was engaged in an illegal purpose when harmed by D;1 (4) exclusion clauses, i.e., that D can take advantage of a limitation of liability clause in his agreement/contract with C;2 (5) therapeutic privilege, i.e., that D withheld information about material risks from C, because disclosure might harm C’s health and well-being; and (6) necessity, i.e., that D’s negligence was committed because it was necessary to save life, limb, or property.