General Defence in Tort

Introduction

When someone claims they’ve been wronged under tort law, the defendant can sometimes escape liability by using certain defences known as “general defences.” These defences serve as justifications or excuses that, under specific conditions, can absolve the defendant of legal responsibility. Let’s delve into these general defences and understand their significance.

What Are General Defences in Tort Law?

General defences are strategies employed by defendants to avoid liability for a tortious act. If the plaintiff proves all elements of the tort, the defendant can still evade liability by successfully arguing one of these defences. Understanding these defences is crucial for anyone studying or practising tort law.

Types of General Defenses

Volenti Non-Fit Injuria (Consent)

• Definition: This defence applies when the plaintiff has voluntarily accepted the risk of harm. If someone consents to an activity that results in injury, they cannot later claim damages.
• Example: If a person agrees to undergo surgery, they cannot sue the surgeon for any harm that results from the procedure, provided there was no negligence.
• Case Law: In Hall v. Brooklands Auto Racing Club, a spectator injured during a car race could not claim damages as they accepted the inherent risks of watching the event.

Plaintiff as the Wrongdoer

• Definition: The defence arises when the plaintiff’s illegal or wrongful act contributes to their injury. The maxim “Ex turpi causa non oritur actio” means no action arises from an immoral cause.
• Example: If a thief gets injured while escaping, they cannot sue the property owner for those injuries.
• Case Law: In Bird v. Holbrook, the plaintiff set a spring gun without notice, and when injured, could not claim damages due to their own wrongdoing.

Inevitable Accident

• Definition: This defence is used when an accident could not have been avoided despite all reasonable care and caution.
• Example: If a driver, despite driving carefully, gets into an accident due to an unforeseen mechanical failure, they may invoke this defence.
• Case Law: In Brown v. Kendall, separating fighting dogs led to an accidental injury, which was deemed unavoidable.

Act of God

• Definition: Natural events that are unforeseeable and unavoidable can absolve a defendant from liability.
• Example: Damages from an unprecedented flood could be considered an act of God.
• Case Law: In Nichols v. Marsland, extraordinary rainfall broke the embankments of an artificial lake, and the defendants were not held liable.

Private Defence

• Definition: This defence allows individuals to use reasonable force to protect themselves or their property from immediate harm.
• Example: Using reasonable force to fend off a burglar is permissible.
• Case Law: As per Section 97 of the Indian Penal Code, the right extends to defending one’s body and property against certain offences.

Mistake

• Definition: A mistake of fact can sometimes be a defence, while a mistake of law is generally not.
• Example: Taking someone else’s dog home by mistake, believing it to be your own, might be excusable.
• Case Law: In Consolidated Company v. Curtis, auctioning off someone else’s goods by mistake did not absolve liability.

Necessity

• Definition: This defence applies when an act, although harmful, was necessary to prevent greater harm.
• Example: Breaking into a burning building to save someone’s life does not count as trespass.
• Case Law: In Cope v. Sharpe, preventing a fire from spreading justified the defendant’s actions.

Statutory Authority

• Definition: Actions authorized by law cannot be deemed tortious.
• Example: Government actions under statutory authority, even if harmful, generally receive protection.
• Case Law: In Metropolitan Asylum District v. Hill, setting up a hospital under statutory authority was immune from being classified as a nuisance.

Case Laws Illustrating General Defenses

1. Padmavati vs. Dugganaika (1975): The owner was not liable when strangers, who voluntarily took a lift, were injured due to an unavoidable accident.
2. Pitts vs. Hunt (1990): The court rejected the claim for compensation as the plaintiff was complicit in the wrongdoing.
3. Ramanuja Mudali vs. M. Gangan (1984): Setting a spring gun without notice was deemed unjust, making the defendant liable for injuries.

Conclusion

Understanding these defences helps in appreciating the complexities and nuances of tort law. They balance justice and prevent unfair liability for defendants when mitigating circumstances apply. This knowledge is essential for legal practitioners, students, and anyone interested in the principles of law and justice.

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Frequently Asked Questions About General Defence in Tort

What are general defences in tort law?

• Consent: Plaintiff agreed to the risk.
• Inevitable Accident: Unavoidable despite care.
• Act of God: Natural events beyond control.
• Private Defense: Self-defense.
• Necessity: Acted to prevent greater harm.
• Statutory Authority: Lawful act under statute.
• Plaintiff the Wrongdoer: Plaintiff’s own fault.

How does the defence of “Volenti Non Fit Injuria” work in tort cases?

Volenti Non Fit Injuria: No injury to a willing person. Example: A spectator injured at a sports event who knew the risks and accepted them cannot claim damages.

What is the difference between an Act of God and an inevitable accident in tort law?

• Act of God: Natural event like a flood.
• Inevitable Accident: Unforeseen event despite care, like sudden car failure. Example: A tree falling in a storm vs. brakes failing suddenly.

Also Read: Injuria Sine Damno and Damnum Sine Injuria

Reference: toppr.com