23. Defences

Abstract

This chapter begins with a brief discussion of the role of defences in the law of torts. It then considers their application to torts which require proof of damage in order to be actionable, and in particular with the tort of negligence. The discussions cover contributory negligence; consent; exclusion and limitation of liability; illegality; necessity; inevitable accident; authorisation; and limitation of action. The chapter takes into account recent statutory developments including the effects of the Consumer Rights Act 2015 on the law governing exclusion and limitation of liability. It also examines the extensive Supreme Court case law reexamining the defence of illegality.