General Defences In Tort : Meaning, Examples And Landmark Cases

Under tort law defendants have access to specific general defences which allow them to avoid responsibility for actions that would typically be classified as tortious. These defences protect individuals from wrongful accountability when legally sound justifications exist. Both legal practitioners and the general public need to understand general defences to manage potential liabilities effectively. Explore other important Judiciary Notes.

General Defences 

Some of the general defences has been explained in detail below-

1. Consent (Volenti Non Fit Injuria):

This defence operates on the principle that one cannot claim injury from a risk they have willingly accepted. For instance, individuals participating in contact sports consent to the inherent risks involved. Similarly, a patient undergoing surgery consents to the procedure, acknowledging potential complications. The essence is that no injury is done to one who consents. 

2. Plaintiff as the Wrongdoer (Ex Turpi Causa Non Oritur Actio):

The principle maintains that a plaintiff lacks legal standing to seek relief from actions that stem from their own unlawful behavior. For example- A burglar who suffers injuries while trying to break into a home through reasonable self-defence has no legal grounds to seek compensation. The legal system denies support to individuals whose claims result from immoral or unlawful behaviour.

3. Inevitable Accident:

An incident that, even with due care, could not have been anticipated or avoided is referred to as an inevitable accident. For example, drivers may not be held accountable if they have an unexpected, sudden medical crisis that causes an accident. The defence highlights that there was no negligence.

4. Act of God (Vis Major):

This defence can be used in natural occurrences that are so exceptional that they could not have been predicted or prevented. This category includes things like earthquakes and unusual floods. The owner may use this defence, for instance, if a tree is uprooted after a strong storm and causes property damage.

5. Private Defence:

People are entitled to use reasonable force to defend themselves, their property, or other people from impending danger. This defence may be used, for example, if an individual is attacked and, in self-defence, injures the attacker. The amount of force must be commensurate with the danger.

6. Necessity:

This defence is invoked when an act, though technically a tort, was done to prevent a greater harm. For example, breaking into a cabin to seek shelter during a blizzard can be justified under necessity. The law recognizes that certain situations require actions that would otherwise be illegal to prevent more significant harm. 

Famous tort law cases help illustrate how courts apply the general defences of torts. The following are some of the landmark judgments related to this principle. Some landmark cases include:

Hall v. Brooklands Auto Racing Club: 

A spectator was injured during a car race when a car veered off the track. The court said that by attending the race, the spectator had consented to the inherent risks, invoking the defence of volenti non fit injuria. 

Bird v. Holbrook: 

The defendant unexpectedly set up a spring rifle to defend his property. The plaintiff was hurt without realising it. In its decision against the defendant, the court emphasised that although property defence is a right, the methods used must be fair and not cause undue harm to innocent people.

Nichols v. Marsland: 

The plaintiff's property was damaged when the defendant's man-made lakes overflowed as a result of an unusual storm. The court acknowledged that the storm was an unexpected natural occurrence and approved the Act of God defence.

Cope v. Sharpe:

During an emergency effort to stop a fire from spreading the defendant accessed the plaintiff's property which caused some plants to sustain damage. The court approved the necessity defence because the action was taken to avert more significant damage.

Stanley v. Powell: 

The plaintiff received a gunshot wound from the defendant during a hunting event for pheasants. Under the inevitable accident defence the court acknowledged that the defendant had taken necessary precautions and the injury occurred purely by accident.

In conclusion, general defences in tort law serve as essential safeguards, ensuring that individuals are not unjustly held liable when specific justifications apply. These defences maintain a balance between the rights of plaintiffs and defendants, ensuring fairness and justice within the legal system.

Download Key take aways on  general defences in tort