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    Genral Defences in Law of Tort 1

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    Prajwal Gowda
    The document discusses general defenses available in the law of torts, including volenti non fit injuria (consent), plaintiff wrongdoing, inevitable accident, act of God, private defense, mistake, necessity, statutory authority, parental authority, and judicial acts. It provides definitions and essential elements for each defense as well as examples from case law to illustrate how the defenses apply in tort cases. The defenses aim to protect defendants from liability if their actions were justified or unavoidable in certain circumstances.

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    Genral Defences in Law of Tort 1

    Uploaded by

    Prajwal Gowda
    57 views11 pages
    The document discusses general defenses available in the law of torts, including volenti non fit injuria (consent), plaintiff wrongdoing, inevitable accident, act of God, private defense, mistake, necessity, statutory authority, parental authority, and judicial acts. It provides definitions and essential elements for each defense as well as examples from case law to illustrate how the defenses apply in tort cases. The defenses aim to protect defendants from liability if their actions were justified or unavoidable in certain circumstances.

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    Genral Defences in Law of Tort 1 (1)

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    The document discusses general defenses available in the law of torts, including volenti non fit injuria (consent), plaintiff wrongdoing, inevitable accident, act of God, private defense, mistake, necessity, statutory authority, parental authority, and judicial acts. It provides definitions and essential elements for each defense as well as examples from case law to illustrate how the defenses apply in tort cases. The defenses aim to protect defendants from liability if their actions were justified or unavoidable in certain circumstances.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    57 views11 pages

    Genral Defences in Law of Tort 1

    Uploaded by

    Prajwal Gowda
    The document discusses general defenses available in the law of torts, including volenti non fit injuria (consent), plaintiff wrongdoing, inevitable accident, act of God, private defense, mistake, necessity, statutory authority, parental authority, and judicial acts. It provides definitions and essential elements for each defense as well as examples from case law to illustrate how the defenses apply in tort cases. The defenses aim to protect defendants from liability if their actions were justified or unavoidable in certain circumstances.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 11

    LAW OF TORTS

    VANI VASANTHA KUMAR


    ASST PROFESSOR(FACULTY OF LAW)
    PES UNIVERSITY
    UNIT II- GENERAL DEFENCES IN
    LAW OF TORT
     A tort is a civil wrong for which an action of remedy is also available.
     In tort if a plaintiff has a right to bring action even a defendant has right to defend himself.
     General defences available to a defendant under torts
    1.Volenti-non-fit injuria 6.Mistake
    2.Plaintiff the wrong doer 7.Necessity
    8.Statutory Authority
    3.Inevitable Accident 9.Parental and Quasi Parental Authority
    4.Act of God 10.Judicial acts or Quasi judicial acts
    5.Private Defence
    1.Volenti-non-fit injuria

     When a person voluntarily consented to do something then he cannot claim


    damages under the law of tort.
    Essentials
    1 .Risk must be known to the plaintiff : Dan v/s Hamilton and Smith v/s Baker
    2.Plaintiff knowing the risk voluntarily agreed to incur it:Padmavati v/s
    Dugganaika(1975) 1kamLJ 93,1975 A.C.J 222 .
    Imperial Chemical Industries v/s Shat Well.
    3.Consent must be freely given:Lakshmi Ranjanv/s Malar Hospital Ltd
    III (1998) CP586(TamilNadu SCDRC)
    a. Consent maybe expressed or implied.
    b. Consent obtained by Fraud
    case law: RV Williams (1923) 1 K.B 340

    Exceptions to the Maxim

    1.Consent obtained under Compulsion


    2.Negligence of the defendant
    3.Rescue cases
    Case law:slater v/s clay cross co Ltd
    Haynes v/s Harwood
    2.Plaintiff the Wrong doer

     When plaintiff himself is a wrong doer he is not disabled from recovering in tort
    unless some unlawful act or conduct on his own part is connected with the harm
    suffered by him as a part of the same transaction.
    3.Inevitable Accident

     An inevitable accident is that which could not possibly be prevented by the


    exercise of ordinary care , caution and skill

     Assam State Coop etc Federation Ltd v/s smt Anubhasinha Air 2001 Guwahati 18

     Nitro-Glycerine case[1872] 15 Wallace,524.


    4.Act of God

     Loss due to working of natural forces like tide,heavy rain etc

    Essentials
    1.Working of natural forces
    2.Occurrence must be extraordinary
    Case law: Nichols v/s Marsland (1876)2EX01
    5.Private Defence

     Defendant using force for self defence, he will not be liable for harm cost: Turner
    v/s Jogmohan Singh (1905)ILR27ALL 531

    6.Mistake
    A mistake to be taken as a defence there should be an act of honest and mistaken
    belief
    7.Necessity

     An act causing damage if done under necessity to prevent a greater evil is not
    actionable even though harm was caused intentionally.
     Cope v/s Sharpe[1891] 1 KB 496

    8.Statutory Authority
     An act authorized by the legislature is not actionable even though it would be
    tort.
     Case law: Vaughan v Taff Valde Rail co [1860] 5H and N 679
    9.Parental and Quasi parental Authority

     Before a parent or a person in loco parentis could inflict moderate and reasonable
    corporal punishment with a condition it should be moderate and reasonable .
     Now the out look has changed as human rights plays a important role in
    protecting children.
    10.Judicial acts/Quasi Judicial acts

     Any judge, magistrate or other person acting judicially


    cannot be bought under tort for an act done by them in
    discharge of judicial and official function.

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