10. Defences to negligence

2021 ◽  
pp. 290-314
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Common Sense ◽  
Contributory Negligence ◽  
The Common

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.

6. Defences to Negligence

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Common Sense ◽  
Contributory Negligence ◽  
The Common

This chapter examines the following defences to a claim in negligence: volenti non fit injuria; contributory negligence; exclusion of liability; and illegality. The defence of volenti non fit injuria reflects the common sense notion that ‘[o]ne who has invited or assented to an act being done towards him cannot, when he suffers from it, complain of it as a wrong’. Contributory negligence is a partial defence that operates not to defeat the claimant's claim entirely but rather to reduce the amount of damages the defendant must pay. A defendant may seek to exclude all potential liability to another person in advance of exposing himself to the risk of a possible claim. The defence of illegality denies recovery to certain claimants on the grounds that their claim is tainted by their own illegal conduct.

10. Defences to negligence

Tort Law ◽  
2019 ◽  
pp. 289-314
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Common Sense ◽  
Contributory Negligence ◽  
The Common

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.

The Legacy of Reid's Common Sense in Analytic Epistemology

2019 ◽  
Vol 17 (1) ◽  
pp. 23-37
Author(s):  
Mark Boespflug
Keyword(s):  
Common Sense ◽  
Thomas Reid ◽  
The Common

The common sense that heavily informs the epistemology of Thomas Reid has been recently hailed as instructive with regard to some of the most fundamental issues in epistemology by a burgeoning segment of analytic epistemologists. These admirers of Reid may be called dogmatists. I highlight three ways in which Reid's approach has been a model to be imitated in the estimation of dogmatists. First, common sense propositions are taken to be the benchmarks of epistemology inasmuch as they constitute paradigm cases of knowledge. Second, dogmatists follow Reid in taking common sense propositions to provide boundaries for philosophical theorizing. Inasmuch as philosophical theorizing leads one to deny a common sense proposition, such theorizing is stepping outside of the bounds of what it can or should do. Third, dogmatists follow Reid in focusing heavily on the problem of skepticism and by responding to it by refusing to answer the demand for a meta-justification that the skeptic wants.

Thomas Reid on Causation and Scientific Explanation

2016 ◽  
Vol 14 (1) ◽  
pp. 51-67 ◽  
Author(s):  
Manuel Barrantes ◽  
Juan M. Durán
Keyword(s):  
Common Sense ◽  
Scientific Explanation ◽  
Thomas Reid ◽  
Contemporary Debate ◽  
The Common

We argue that there is no tension between Reid's description of science and his claim that science is based on the principles of common sense. For Reid, science is rooted in common sense since it is based on the (common sense) idea that fixed laws govern nature. This, however, does not contradict his view that the scientific notions of causation and explanation are fundamentally different from their common sense counterparts. After discussing these points, we dispute with Cobb's ( Cobb 2010 ) and Benbaji's ( Benbaji 2003 ) interpretations of Reid's views on causation and explanation. Finally, we present Reid's views from the perspective of the contemporary debate on scientific explanation.

Motives of espionage against ones own country in the light of idiographic studies

2011 ◽  
Vol 42 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Sebastian Michalak
Keyword(s):  
Common Sense ◽  
Control Group ◽  
Common Denominator ◽  
Methodological Problems ◽  
The Common

Motives of espionage against ones own country in the light of idiographic studies The money is perceived as the common denominator among people who have spied against their own country. This assumption is common sense and appears to be self-evident truth. But do we have any hard evidences to prove the validity of such a statement? What method could be applied to determine it? This article is a review of the motives behind one's resorting to spying activity which is a complex and multifarious process. I decided to present only the phenomenon of spying for another country. The studies on the motives behind taking up spying activity are idiographic in character. One of the basic methodological problems to be faced by the researchers of this problem is an inaccessibility of a control group.

Some thoughts on lexemes, the dome, and inner speech

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
William Benzon
Keyword(s):  
Language Development ◽  
Common Sense ◽  
Cognitive Structure ◽  
External World ◽  
Inner Speech ◽  
Neural Systems ◽  
The Common

Sydney Lamb’s model focuses our attention on the physicality of language, of the signs themselves as objects in the external world and the neural systems the support them. By means of the metaphor of a cognitive dome, he demonstrates that there is no firm line between linguistic and cognitive structure. In this context, I offer physically grounded accounts of Jakobson’s metalingual and emotive functions. Drawing on Vygotsky’s account of language development, I point out that inner speech, corresponding to the common sense notion of thought, originates in a circuit that goes through the external world and is then internalized.

Causality Then and Now

1993 ◽  
Vol 10 (2) ◽  
pp. 165-177
Author(s):  
Karen Harding
Keyword(s):  
Quantum Theory ◽  
Common Sense ◽  
Mechanical Model ◽  
Physical World ◽  
Scientific Data ◽  
The World ◽  
The Common ◽  
The Universe ◽  
The Way

Ate appearances deceiving? Do objects behave the way they do becauseGod wills it? Ate objects impetmanent and do they only exist becausethey ate continuously created by God? According to a1 Ghazlli, theanswers to all of these questions ate yes. Objects that appear to bepermanent are not. Those relationships commonly tefemed to as causalare a result of God’s habits rather than because one event inevitably leadsto another. God creates everything in the universe continuously; if Heceased to create it, it would no longer exist.These ideas seem oddly naive and unscientific to people living in thetwentieth century. They seem at odds with the common conception of thephysical world. Common sense says that the universe is made of tealobjects that persist in time. Furthermore, the behavior of these objects isreasonable, logical, and predictable. The belief that the univetse is understandablevia logic and reason harkens back to Newton’s mechanical viewof the universe and has provided one of the basic underpinnings ofscience for centuries. Although most people believe that the world is accutatelydescribed by this sort of mechanical model, the appropriatenessof such a model has been called into question by recent scientificadvances, and in particular, by quantum theory. This theory implies thatthe physical world is actually very different from what a mechanicalmodel would predit.Quantum theory seeks to explain the nature of physical entities andthe way that they interact. It atose in the early part of the twentieth centuryin response to new scientific data that could not be incorporated successfullyinto the ptevailing mechanical view of the universe. Due largely ...

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