EP.12 - Duty of Care: Defences Just Torts the Podcast
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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!
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!
23 Min.