In a negligence claim, the defendant pleads, in the alternative, volenti non fit injuria (voluntary acceptance of risk) and contributory negligence. Which statement correctly contrasts the two defences?

Correct answer: D) Volenti, if established, defeats the claim entirely, whereas contributory negligence only reduces damages to the extent the court thinks just and equitable

Explanation

Volenti non fit injuria is a complete defence: a claimant who freely, and with full knowledge, agreed to run the risk of the defendant's negligence recovers nothing, although the courts apply it narrowly. Contributory negligence under the Law Reform (Contributory Negligence) Act 1945 is only a partial defence: damages are reduced to the extent the court thinks just and equitable, having regard to the claimant's share in responsibility. There is no rule that a claimant more than half to blame loses everything. Both defences can apply to claims for financial loss.