The Law of Torts: Defences to Negligence Actions (Lecture 6, LAWS11069)

In a negligence action, the onus is on the defendant to establish the availability of any defences. This lecture examines the three main defences of voluntary assumption of risk (volenti non fit injuria), contributory negligence and illegality (eg joint illegal enterprise). In addition, the immunity offered in certain circumstances under the Civil Liability Act (CLA) 2003 (Qld) will be discussed, as will the effect of disclaimers and exclusion of liability agreed to by the parties to an action.