OVERVIEW
Here in this topic, we are going to discuss justification of tort by various types of general defences which are available in the case of the law of tort, which includes volenti non-fit injuria, plaintiff’s default, necessity, etc. Let us take a look to understand justification of tort in brief.
WHAT IS GENERAL DEFENCES
When a plaintiff files a lawsuit against the defendant for his wrongful act or omission which violates one legal right, which results in any damages and the essential of the case is proven in the court then, the defendant is held liable for that wrongful act. But, there are a few exceptions through which the defendant can take defence which will help him to resolve the case and release them from all his liabilities. These are known as general defences in tort. Let us see some of the defences in brief which can release the defendant from all his liabilities. Let us begin with volenti non-fit injuria.
VOLENTI NON-FIT INJURIA
The term volenti non-fit injuria refers to the meaning of consent, and leave. In volenti non-fit injuria a person willingly gives his/her consent for any wrongful, or harmful act which may cause harm to the party. It can be in both ways expressed or implied, or the consent should be given freely which is free from fraud, coercion, mistake, etc. If the consent is given by free consent then the defendant will not held liable for the harm caused to the plaintiff.
NECESSITY
The necessity refers to knowing no law. In this defence sometimes it becomes necessary to harm something by an act to prevent a great or huge loss. If the defendant had avoided the major damage then he can take this defence to release himself from all liabilities, but if there is any wrongful act happened for their purpose then it will not granted by the court. There are some essential in this justification of tort which are as follows;
- The conduct of the defendant should be justified that there was such a necessity to do.
- The act of the defendant should be done to avoid significant risk or harm.
PLAINTIFF’S DEFAULT
This defence lies on the maxim of ex turpi causa where the plaintiff himself conducts or acts wrongfully through which he will not be able to recover damages from the defendant if he laid the case on his for the same. If the defendant shows that the plaintiff was the wrongdoer and he not entitled to claim damages, then it does not mean that he is declared free from the court.
ACT OF GOD
An act of gods is a defence in which an act is a result of environment or natural force which is not in control of human beings, and also there is no human involvement, which includes, cyclones, earthquakes, floods, etc then this defence is coined as an act of god which is vis major in the term of legal maxim.
INEVITABLE ACCIDENTS
This defence of an inevitable accident is a mishap. It occurs when the risk of harm caused is beyond the control although they had taken all the necessary care, and prevention, the incident took place, then this defence can be claimed.
PRIVATE DEFENCE
This defence of private defence is very common. It means that when a person is in harm, where he needs to protect himself, his body, and property, from the defendant then the plaintiff can use reasonable force without taking any kind of permission from any authority, court, etc. It is called private defence where the harm done is caused due to the nature of the circumstances. To do this there should be such things which include, imminent danger, and proportional force.
CONCLUSION
So, here at the end of this topic, we have learnt how the general defences are given in the law of tort through which a person can take defence. Through these general defences the innocent one also can take defence and another chance to improve themselves from such wrongful acts which cause such liabilities.
REFERENCES
https://www.toppr.com/guides/legal-aptitude/law-of-torts/general-defences-to-an-action-in-tort
