{"title":"10. 过失抗辩","authors":"Kirsty Horsey, E. Rackley","doi":"10.1093/HE/9780198718499.003.0010","DOIUrl":null,"url":null,"abstract":"This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.","PeriodicalId":53781,"journal":{"name":"Tort Law Review","volume":null,"pages":null},"PeriodicalIF":0.1000,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"10. Defences to negligence\",\"authors\":\"Kirsty Horsey, E. Rackley\",\"doi\":\"10.1093/HE/9780198718499.003.0010\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.\",\"PeriodicalId\":53781,\"journal\":{\"name\":\"Tort Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2015-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Tort Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/HE/9780198718499.003.0010\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Tort Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/HE/9780198718499.003.0010","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.
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