IntroductionIn some circumstances, when the plaintiff succeeds in establishing the duty of care, the breach of duty and the resulting damage, the defendant may attempt to shelter himself behind various defenses to avoid responsibility. Two main defenses to negligence are contributory negligence and assumption of risk (Volenti Non Fit Injuria). Contributory negligence The defendant may raise the defense of contributory negligence when the plaintiff's injury was partially contributed by his own fault. In this situation, the court will divide the liability between the plaintiff and the defendant. 1945 Act For the 1945 Act to apply, a person must suffer harm, defined as bodily injury and loss of life. The law also includes material damage. This law applies where the damage was caused partly through the fault of both parties. The judge has the power to compensate damages only in cases of negligence. Fault of the defendant means negligence, breach of statutory duty, or other act or omission giving rise to tort liability. Plaintiff's fault means an act or omission which gives rise to the defense of contributory negligence. Allocation In apportioning liability between plaintiff and defendant, two tests are used to assess the defendant's share of the liability for causing the harm. The causation test distributes liability with a 50/50 split as the conduct of both parties causes harm. The test of guilt derives from the behavior of a reasonable person and distributes the responsibility on the guilty parties. Parties who do not act as a reasonable man and at fault will bear the responsibility. Contributory Negligence Factors The defendant must demonstrate that the plaintiff failed to exercise reasonable care for his or her own safety which caused the injury. It is not necessary for the plaintiff t... in the middle of the paper... iry. All of these actions suggest that the plaintiff was able to understand what he was doing. The actor had actual knowledge of the risk and with his behavior he voluntarily accepted it. Therefore, the defendant's assumption of risk defense was successful. Conclusion In response to many theories of tort liability, it is important to understand two main defenses to negligence, contributory negligence and assumption of risk, when dealing with cases. This is useful for the defendant to reduce liability when the plaintiff has succeeded in establishing the three elements of negligence. In relation to the hospitality industry, negligence defenses have often been used to protect and reduce the liability of the hospitality establishment. Even today, although defenses are developing and constantly changing, the underlying principles are nevertheless essentially the same.
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