Which of the following statements regarding the defence of contributory negligence are correct?

The correct choice indicates that the onus is indeed on the defendant to demonstrate that the claimant was at fault in cases involving the defense of contributory negligence. This means that if a claimant has contributed to their own harm through their negligent actions, the defendant must provide evidence of this contribution to reduce their liability. This principle is essential in tort law, where the court assesses the level of fault attributable to both parties involved in an incident.

In discussions on contributory negligence, it is important to note that this defense does not operate as a complete defense to a claim. Instead, if the claimant is found to be partially at fault, their compensation may be reduced in proportion to their level of responsibility for the incident. Therefore, the misunderstanding often arises from thinking that contributory negligence can absolve the defendant of all liability, which is not the case.

This concept reinforces how the justice system aims to assess fault fairly, allowing for a nuanced understanding that recognizes the varying degrees of responsibility that can exist in many legal situations.