General Defence Under Law Of Tort has been described in the post.
General Defence Under Law Of Tort: The law of torts is a branch of civil law that deals with the civil wrongs committed by one person against another person. In simple words, tort law provides remedies to those who have suffered harm or loss due to the actions or omissions of another person. However, there are certain situations where the defendant may be able to avoid liability even if they have committed a tort. These situations are known as general defence under law of tort.
There are various types of general defence under law of tort available, but in this article, we will focus on the general defences that can be raised in any tort action. These defences are based on the principle that the defendant should not be held liable for something that they had no control over or where their actions were justified in some way. A defendant may use various general defence under law of tort to avoid liability for the plaintiff’s injuries or damages. Some of the general defence under law of tort have been discussed in detail in this article.
One of the most common general defence under law of tort is the doctrine of volenti non fit injuria, which means that no injury is done to a person who consents to it. This general defence under law of tort is based on the principle that if a person voluntarily agrees to assume a risk or waive their rights, they cannot later claim compensation for any harm or loss that results from that action.
For example, in the case of Smith v. Baker & Sons [1891] AC 325, the plaintiff was a soldier who had been injured during a military training exercise. The plaintiff argued that the defendants were negligent in failing to provide him with adequate safety equipment. However, the court held that the plaintiff had consented to the risk of injury by participating in the exercise and therefore could not claim compensation.
Another general defence under law of tort is the defence of necessity. This general defence under law of tort is based on the principle that a person can be excused for committing a tort if it was done out of necessity to prevent greater harm.
For example, in the case of Southport Corporation v. Esso Petroleum Co Ltd [1953] 2 QB 182, the defendant had parked a petrol tanker in a busy town centre. The town council ordered the defendant to move the tanker, but the defendant refused, arguing that the only alternative was to leave the tanker unattended on a steep hill, which would have posed a greater risk to public safety. The court held that the defendant’s actions were necessary to prevent greater harm, and therefore the defence of necessity applied.
The general defence under law of tort of self-defence is also available under the law of torts. This defence allows a person to use reasonable force to defend themselves or their property from a perceived threat.
For example, in the case of Bird v. Holbrook (1828) 4 Bing 628, the defendant had set a spring gun in his garden to protect his property from intruders. The plaintiff, who was unaware of the trap, entered the garden and triggered the spring gun, causing him injury. The court held that the defendant was entitled to use reasonable force to protect his property, but he had a duty to give adequate warning to prevent injury to others.
Contributory negligence is another general defence under law of tort, which allows the defendant to argue that the plaintiff’s own negligence contributed to the harm they suffered.
For example, in the case of Froom v. Butcher [1976] QB 286, the plaintiff was injured in a car accident caused by the defendant’s negligence. However, the court held that the plaintiff had also contributed to their own injury by failing to wear a seatbelt. The court reduced the amount of damages awarded to the plaintiff to reflect their own negligence.
The Statutory Authority general defence under law of tort allows defendants to escape liability for harm caused to the plaintiff if they can prove that they were acting in accordance with a statutory duty or power conferred upon them by a valid and applicable statute.
To successfully rely on the Statutory Authority general defence under law of tort, the defendant must demonstrate that:
The defense has been successfully invoked in numerous cases, including Hill v Chief Constable of West Yorkshire, where the police were held not liable for failing to apprehend the Yorkshire Ripper earlier.
A general defence under law of tort is a legal argument that a defendant can use to avoid liability for an alleged tortious act. These defences are available in various types of torts, such as negligence, defamation, and trespass.
The defence of consent works by showing that the plaintiff willingly and knowingly consented to the defendant's actions, and thus cannot claim damages for any harm caused. The consent must be genuine, informed, and free from any coercion or undue influence.
The defence of necessity is available when a defendant acts to prevent a greater harm, such as damage to property or injury to a person. The defendant must show that the harm caused was unavoidable, and that the action taken was reasonable and proportionate to the harm prevented.
The defence of volenti non fit injuria is available when the plaintiff voluntarily assumes the risk of harm, and thus cannot claim damages for any harm caused. The defendant must show that the plaintiff had knowledge of the risk and voluntarily accepted it.
For those just beginning their UPSC journey, a few tips can make the process smoother.…
It is advised you should start your study by working with the UPSC Previous Year…
The UKPSC Exam Date 2024 has been released by the Uttarakhand Public Service Commission (UKPSC)…
The right to vote is fundamental to the functioning of any democracy, acting as the…
India’s criminal justice system has embarked on a historic transformation with the enactment of three…
The candidate must fulfill UPSC Eligibility Criteria for the civil services examination 2024. Union Public…