First Principles of Business Law

7. Defences

7.1. Possible grounds for avoiding liability

It may be possible, in particular circumstances, for a defendant to raise a defence against a plaintiff's claim and avoid liability.

There are two defences which should be considered.

• One is where the defendant's negligence has caused harm to the plaintiff but it can be shown that the plaintiff has also been negligent and that the plaintiff's own negligence contributed to the harm suffered.

• The other possibility is that, although the defendant's negligence has caused harm to the plaintiff, the plaintiff took the risk of that harm occurring.

These defences will be explained more fully in the pages that follow.