194. Contributory negligence.

194.     Contributory negligence.

The ordinary rules relating to pleas of contributory negligence1 apply to nuisances based on negligent conduct2.

The defence of consent3 is also applicable. Where it is claimed that the claimant has consented to the defendant carrying out a particular activity on his land, the defence will only be available if it is established that the activity in question cannot be conducted without causing the interference complained of4.