Which of the following is a defence test in negligence cases?

• A. No breach
• B. Volenti non fit injuria
• C. Contributory negligence (partial defence)
• D. No duty owed

Answer: (C)

Contributory negligence is a defence that recognises the claimant’s own fault contributed to the harm. It’s a partial defence in negligence cases because, if proven, damages are reduced in proportion to the claimant’s degree of fault. This aligns with the idea of apportioning liability rather than denying it entirely, so the defendant ends up paying only their share of the compensation.

By contrast, no breach and no duty owed relate to elements that must be established for negligence to exist, not defenses after liability is proven. Volenti non fit injuria is also a defence, but it can bar recovery completely if proven, whereas contributory negligence only reduces damages. That combination makes contributory negligence the best fit as the defence test described.