Posted By Gemma Moat Hello im doing a work experience adn i have been tasked to find out 'What is the deffence against a claim of neglegance could someone please help me?

Posted By Robert K Lewis Gemma Bill has said it all but his definition of Volenti Non Fit Injuria is a bit out - the sense is that the plaintiff voluntarily took the risk upon themselves knowing the dangers - This is very difficult to sustain in the area of employment and there have been very few defences based on this and it is a long time since one succeeded, in my memory at least. The basis of Bill's response rests in the threefold test for negligence A) The defendant owed the plaintiff a Duty of Care B) The defendant was in breach of that duty C) Injury arose as a result of that breach All three must be satisfied for there to be a successful claim. If the case rests on a breach of statutory duty then the injury test is generally easier to show and harder to disprove. You sound to have a very active supervisor who is determined to provide opportunities Bob

Posted By Arran Linton - Smith Another defence is that of laches i.e. the principal of vigilantibus non dormientibus jura subveniunt. In English (the law will not help those who sleep on their rights). See the Time Limitation Act 1980