Discussion
Which one of the following is not a good defence in suits for damages or negligence ?
Answer: C
The keyed answer is (C), an express contract where a statute prohibits it. Contributory negligence in option (A) is a defence, which reduces the damages. An express contract with the plaintiff in option (B) can be a defence, since it may exclude the defendant's liability. Voluntary assumption of risk, volenti non fit injuria, in option (D) is also a defence. Where a statute prohibits the exclusion of liability, as with some duties to passengers and consumers, a contract to exclude it has no effect and cannot serve as a defence, which is why option (C) is the answer that is not a good defence.
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