- Dedication
- Preface
- Approach of the book
- New to this edition
- Latest news
- Guide to the Online Resource Centre
- List of abbreviations
- Part I The English legal system
- 1. What is law?
- 2. The administration of the law
- 3. Domestic sources of law
- 4. Europe and the English legal system
- Part II The law of contract
- 5. An introduction to the law of contract
- 6. The formation of the contract
- 7. The terms of the contract
- 8. The law of agency
- 9. Unfair terms
- 10. Vitiating factors
- 11. Discharge of the contract
- 12. Remedies for breach of contract
- Part III The law of torts
- 13. An introduction to the law of torts
- 14. The tort of negligence
- 15. Business-related torts
- 16. Vicarious liability
- 17. Tortious defences and remedies
- Part IV Partnership law and company law
- 18. Unincorporated business structures
- 19. Incorporation and bodies corporate
- 20. The constituents of a company
- 21. Shares and capital maintenance
- 22. Directors’ duties
- 23. Members’ remedies
- 24. Corporate rescue, insolvency, and dissolution
- Part V Employment law
- 25. The contract of employment
- 26. Employment rights, and health and safety
- 27. Discrimination law
- 28. The termination of employment
- Appendix 1: Bonus Chapters
- Table of cases
- Table of legislation
- Index
(p. 456) 17. Tortious defences and remedies
- Chapter:
- (p. 456) 17. Tortious defences and remedies
- Author(s):
Lee Roach
- DOI:
- 10.1093/he/9780198748380.003.0017
This chapter examines the defences available to a defendant who has committed a tort, and the remedies that may be sought by a claimant in tort cases. Certain defences will provide a complete defence, such as consent and the voluntary assumption of risk, whereas others will merely serve to reduce the damages awarded (such as contributory negligence). Other defences discussed include exclusion of liability, statutory authority, and illegality. The rules relating to the limitation of actions are also discussed. The chapter then discusses the various remedies that may be awarded to a successful claimant, namely damages, injunctions, and self-help remedies.
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- Dedication
- Preface
- Approach of the book
- New to this edition
- Latest news
- Guide to the Online Resource Centre
- List of abbreviations
- Part I The English legal system
- 1. What is law?
- 2. The administration of the law
- 3. Domestic sources of law
- 4. Europe and the English legal system
- Part II The law of contract
- 5. An introduction to the law of contract
- 6. The formation of the contract
- 7. The terms of the contract
- 8. The law of agency
- 9. Unfair terms
- 10. Vitiating factors
- 11. Discharge of the contract
- 12. Remedies for breach of contract
- Part III The law of torts
- 13. An introduction to the law of torts
- 14. The tort of negligence
- 15. Business-related torts
- 16. Vicarious liability
- 17. Tortious defences and remedies
- Part IV Partnership law and company law
- 18. Unincorporated business structures
- 19. Incorporation and bodies corporate
- 20. The constituents of a company
- 21. Shares and capital maintenance
- 22. Directors’ duties
- 23. Members’ remedies
- 24. Corporate rescue, insolvency, and dissolution
- Part V Employment law
- 25. The contract of employment
- 26. Employment rights, and health and safety
- 27. Discrimination law
- 28. The termination of employment
- Appendix 1: Bonus Chapters
- Table of cases
- Table of legislation
- Index