124Defences relating generally to actions arising from breach of duties

#### 124 Defences relating generally to actions arising from breach of duties 124 Defences relating generally to actions arising from breach of duties > > (1) It is a defence to an action under section 121 for loss or damage suffered by a person if the defendant establishes that— > > > > > (a) the contravention was due to reasonable mistake, or > > > > > (b) the contravention was due to reasonable reliance on information supplied by another person, or > > > > > (c) the contravention was due to the act or default of another person, or an accident, or some other cause beyond the person’s control and that the defendant took reasonable precautions and exercised due diligence to avoid the contravention. > > > (2) For the purposes of subsection (1) (b), a reference to another person does not include a reference to a person who was, when the contravention occurred, an employee or agent of the defendant or, if the defendant is a corporation, a director, employee or agent of the defendant. > > > (3) A defendant is not entitled to rely on a defence under subsection (1) that a contravention was due to reliance on information supplied by another person or the act or default of another person unless— > > > > > (a) the court grants leave, or > > > > > (b) the defendant has, not later than 7 days before the day on which the hearing of the proceedings begins, served on the person bringing the action a written notice containing information that— > > > > > > > (i) identifies, or would assist to identify, the other person, and > > > > > > > (ii) was in the defendant’s possession at the time of the contravention.