Where a defendant's negligence creates a risk to a class of persons that includes both those acting lawfully and those acting unlawfully, the unlawful conduct of a particular plaintiff or third party does not reduce the content of the duty of care owed to that class. The fault of the plaintiff or third party is relevant only to defences (voluntary assumption of risk, contributory negligence) and causation. A helicopter owner who entrusts the aircraft to a competent pilot is not vicariously liable for the pilot's negligence and cannot be met with defences of voluntary assumption of risk or contributory negligence based on the pilot's conduct.
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