Tobacco Politics - Litigation - Defenses

Defenses

Volenti non fit injuria
Volenti non fit injuria, or "to a willing person, no injury is done", is a common law doctrine which states, when applied to these cases, that there is no damage to someone who willingly places themselves in a position where they are negatively affected by tobacco consumption.
Contributory negligence
Contributory negligence is a common law defense to a claim based on negligence, that before the cases, the adverse effects were unknown. This has been one of the commonly used defences. Most of them will assert that it was the plaintiff himself that has contributed to his own injury as he has prior knowledge of the harm associated with tobacco smoking.

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Famous quotes containing the word defenses:

    We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our children’s children who may perchance be really free.
    Henry David Thoreau (1817–1862)