ABSTRACT

Introduction The recent civil liability legislative reforms attempt to increase the personal responsibility of the individual. Accordingly, the defences available to a defendant against whom negligence is alleged have been strengthened by the legislation. The two principal defences are: (a) contributory negligence: that the plaintiff ’s own carelessness

contributed to the damage suffered; and (b) volenti non fit injuria: that the plaintiff voluntarily assumed the risk of

the injury. The legislation also introduces new defences.