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(p. 456) 17. Tortious defences and remedies 

(p. 456) 17. Tortious defences and remedies
(p. 456) 17. Tortious defences and remedies

Lee Roach

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date: 23 April 2021

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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