21.   First, the contributory negligence of the plaintiff and the amount by which his damages should be reduced.

22.   One final point to be remembered about contributory negligence is that it differs in effect from a finding of negligence.

23.   A finding of contributory negligence on the other hand has a direct financial effect on the plaintiff.

24.   The defendant can raise the defences of volenti non fit injuria or contributory negligence to the action.

25.   The courts are usually slow to attribute contributory negligence to an employee where the employer is in breach of statutory duty.

26.   To counter claims in tort the courts erected the unholy trinity of defences of common employment, volenti non fit injuria and contributory negligence.

27.   Any contributory negligence on the part of the employee would be fatal to his claim.

28.   The defences of volenti non fit injuria and contributory negligence are available to the employer.

29.   Volenti will rarely succeed and the courts are generally slow to find contributory negligence.

30.   If it is, then Chartist may attempt to raise volenti non fit injuria or contributory negligence as defences.