Defences

In this lesson

1. 0:00 Introduction to loss and causation
2. 1:19 The but-for test explained
3. 2:38 Barnet v Chelsea case study
4. 3:57 Remoteness of damage in negligence
5. 5:13 Types of recoverable loss
6. 5:16 Contributory negligence defence
7. 7:40 Volenti non fit injuria defence
8. 9:35 Novus actus intervening acts
9. 11:13 Vicarious liability explained

About this lesson

We'll explore the crucial causal link between breach and harm using the "but for" test, examine how remoteness limits recoverable damages, and work through key defences including contributory negligence, volenti non fit injuria, and intervening acts. This is essential for understanding when negligence claims succeed and fail—critical knowledge for your Corporate and Business Law paper. The lesson opens by establishing what you can actually sue for. Not every loss flows from a breach of duty; there must be a clear causal connection. The "but for" test asks: would the loss have occurred but for the defendant's actions? We examine Barnett v Chelsea and Kensington Hospital, where despite clear breach of duty, the doctor's negligence didn't cause the patient's death—he died from arsenic poisoning regardless. This illustrates why causation matters: liability is limited to damage a reasonable person could have foreseen, distinguishing negligence from contract law where the foreseeability standard is stricter and more specific to the parties involved. The lesson then covers key defences. Contributory negligence allows liability to be reduced if the claimant contributed to the harm—for example, a cyclist without lights hit by a car. Volenti non fit injuria (consent to risk) applies only when the claimant knew and understood all risks; simply saying you've had drinks doesn't meet this standard unless the claimant witnessed and understood the full extent of the danger. Intervening acts—whether by the claimant, a third party, or natural events—can break the chain of causation and limit your liability to harm occurring before the intervention. Finally, vicarious liability makes employers responsible for employee negligence committed within the course of employment, though this requires a genuine employment relationship and actions within job duties.

Duration: 13m