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…
First on the basis of meaning – Injuria sine damunm means violation of a legal right without actual loss or damages where as Damnum sine injuria means actual or substantial Damages without infringement of a legal right. Second on the…
Damnum sine injuria means an actual and substantial loss without infringement of any legal right. In such a case no ac
Injuria sine damnum This maxim means infringement or violation of a legal private right of a person even if there is no actual loss or damage. In such a case the person whose right is infringed has a good cause…
General Conditions of Liability for a Tort In general, a tort consist in some act done by the defendant whereby he has without just cause or excuse caused some form of harm to the plaintiff. The fundamental principle of this…