EP.12 - Duty of Care: Defences

Just Torts the Podcast

There is one last hurdle before concluding a negligence claim. Defences, ranging from volenti to intoxication, are available to the defendant if they are able to identify wrong-doing on the plaintiff's behalf. However, the crucial question is, when does a defence operate to completely negate the defendant's liabiity and when does it provide only a partial reduction in damages? We bring this question up to Giacomo Rotolo-Ross and Maxine Jeric, for a succinct discussion along with some new, funky music. *Note: keep an eye out on the subtleties between defences to negligence and defences to intentional torts. Although similar, they are not the same thing!