General Defences in Torts

General Defences In Torts (exception) Some specific defences are available in a suit for tort. These defences are specific and find application in relation to a fixed nature of tort. Other defences are general in nature and can be classified as: • • • • • • •

The defence of Consent When plaintiff is the wrongdoer  Inevitable Accident Act of God Act in relation to Private Defence  Necessity Act in respect to Statutory Authority

The defence of Consent: This defence is based on the principle of ‘Volenti non fit Injuria’.A person, who has voluntarily agreed to suffer harm, cannot claim damages for  such harm. This consent to suffer harm can be either express or even implied.However, such consent must be given freely and not obtained by fraud or any a ny other illegal means. When plaintiff is the wrongdoer: This defence is based on the maxim ‘Ex turpi causa c ausa non oritur actio’ which means ‘no action rises from an immoral cause’. So, when the action of  o f  the plaintiff is unlawful itself, it might lead to a defence in general. Inevitable Accident Inevitable accident is such where the injury could not have been avoided inspite of reasonable care on part of the defendant. In a suit for tort it is always a good defence if it can be shown that the defendant could not avoid the injury sustained by the plaintiff inspite of his reasonable effort. Act of God An Act of God is an inevitable accident arising out of the working of natural forces which is beyond human control and unprecedented in nature and type. It must be extraordinary and unanticipated as well. The Rule of Strict Liability (as in Rylands v. Fletcher) has incorporated the concept of  this defence. Act in relation to Private Defence In case of imminent threat to life or property, use of  force for defence of the same is justified. However, use of such force must be reasonable and should be in proportion to the requirement.  Necessity If damage is caused to avoid a greater damage, it becomes a good defence. Act in respect to Statutory Authority Any damage arising out of an act that the law  prescribes or the statute authorises will never become actionable even though in absence of such statutory authority it is an offence in tort.