Plaintiff, the Wrongdoer : General Defences in Tort One of the principles of equity is that a party who wants some relief must go to the court with clean hands. However, it is doubtful whether the defendant can take such…
Necessity : General Defences in Tort An act causing damage, if done under necessity to prevent a greater evil is not actionable even though the harm was caused intentionally. The defence of necessity is based on the maxim ‘salus populi…
Private Defence : General Defences in Tort The right of private defence is the right to protect one’s own person and property against the unlawful aggression of others. The law permits use of reasonable force to protect one’s person or…
Mistake means when one commits an error in understanding or when one understands or perceives wrongly. Mistake may be of two kinds—(a) Mistake of fact, and (b) Mistake of law. Mistake whether of fact or of law, is generally no…
The defendant may escape liability in tort by establishing that the cause of the plaintiff, injury was an accident rather than any wilful or negligent act on his part. Accident means an unexpected injury and if the same could not…
Limitations/ Exceptions to the application of volenti non fit injuria (i) Illegal consent- No consent can legalize an unlawful act e.g. fighting with naked fists or duel with sharp swords. No person can licence another to commit a crime (R…
Volenti non fit Injuria According to the general principle of law, every man is the best judge of his interest and therefore one who voluntarily agrees to suffer harm is not allowed to complain for that. Consent to suffer harm…
In an action for a tort, the defendant may avoid his liability by taking the plea of some defence. There are some general defences, which may be taken against action for a number of wrongs: (1) Volenti non fit injuria (Defence of…
In many cases, a person voluntarily binds himself by a contract to perform some duty, which already lies upon him independently of any contract. The breach of such a contract is also a tort. For example, the right of injured…
Unlike criminal law, where mens rea or guilty mind is an important factor to determine a crime, in a tort the state of mind of a person is not so important, and in fact irrelevant, except in certain cases (because…