Defences to a civil liability claim

The first and obvious defence which may be raised is a denial of liability 

1 That the duty alleged to have been breached by the defendant was never imposed on him in the first place, for example in an employee s claim against his employer that the plaintiff was not an employee but was working for another company. 

2 That the nature of the duty was different from that pleaded against the defendant. 

3 That the duty owed was complied with and not breached. 

5 That the plaintiff was himself guilty of contributory negligence resulting wholly in the damage. 

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