By J. S. Colyer and W. A. J. Farndale (Auth.)
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Extra info for A Modern View of the Law of Torts
Some types of harm are not compensated by the law. Thus no action may be brought merely because the defendant's conduct has hurt the feelings of the plaintiffinjured feelings are not recognised as an injury which the law compensates. 1 At first sight such an action looks like a claim designed to protect the injured feelings of the plaintiff—see the recent decision Argyll v. g. his body, his reputation, his property. Other "interests" are not. At the same time, those interests which are protected are not protected against all damage caused by the defendant's acts—some interests are protected against certain types of conduct, others against other types of conduct.
E. e. the plaintiff is 90 per cent or more to blame. Although the statute's title refers to "contributory negligence", yet in so far as the principle can be applied to all torts, it is of universal application. R. 582. 2 Thus it was contributory negligence for a plaintiff who later suffered a back injury to take a job involving heavy lifting, when he knew he had a long history of back trouble,3 but it was not negligent of him to do so. 4 Contributory negligence divides the blame between tortfeasor and victim, and reduces the latter's compensation.
Selwyn (§25). Acts of Third Party (below, pp. 50 and 67-8). §14. VOLUNTARY ASSUMPTION OF RISK, CONTRACT, CONSENT If a person suffers loss because he has voluntarily exposed that interest of his which has been affected to a risk of the nature and extent of which he had full knowledge, then he loses his right of action against the author ofthat risk. This principle is usually expressed by the Latin maxim volenti non fit injuria. In order that the defendant can escape liability by relying upon this defence, it is essential that he show that the plaintiff did not merely know of the hazard (sciens) but that he also incurred the hazard entirely of his own free will (volens).
A Modern View of the Law of Torts by J. S. Colyer and W. A. J. Farndale (Auth.)