General Defences in Tort Law

Defendants accused of committing civil wrongs have the opportunity to assert various defences to mitigate or absolve their liability. These defences provide legal justifications for their actions or establish circumstances that excuse or justify their conduct. 

There are explore eight common defences in tort law: Volenti non fit injuria, the plaintiff is the wrongdoer, inevitable accident, act of God, act of private defence, mistake, necessity, and act under statutory authority. 

Volenti Non Fit Injuria

Volenti non fit injuria, Latin for “to one who volunteers, no harm is done,” is a defence that applies when the plaintiff voluntarily assumes the risk associated with a particular activity or situation. 

It signifies that if an individual willingly exposes themselves to a known danger or harm, they cannot later hold another party liable for injuries resulting from that activity.

Example: Participating in a dangerous sporting event and accepting its inherent risks.

Plaintiff is the Wrongdoer

This defence asserts that the plaintiff’s own wrongful or negligent conduct contributed to their injury or damages. 

It suggests that the plaintiff’s actions were a substantial factor in causing or exacerbating the harm suffered, thereby reducing or eliminating the defendant’s liability.

Example: A pedestrian jaywalking and subsequently getting hit by a car.

Inevitable Accident

The defence of inevitable accident applies when an injury or damage occurs due to an unforeseeable event or circumstance beyond the control of the defendant. 

It suggests that the defendant could not have prevented the accident despite taking reasonable care.

Example: A car skidding on a patch of black ice, causing a collision, despite the driver exercising caution.

Act of God

Act of God is a defence that refers to natural events or disasters that are unforeseeable and beyond human control.

It states that the defendant cannot be held responsible for any harm or damage resulting from such events.

Example: Property damage caused by an earthquake or a severe storm.

Act of Private Defence

This defence asserts that an individual acted in reasonable self-defence or defence of others or their property when faced with an imminent threat or danger. 

It allows for the use of proportionate force to protect oneself or others from harm.

Example: A person using reasonable force to defend themselves against an attacker.

Mistake

Mistake as a defence suggests that the defendant acted under a genuine and reasonable belief, based on accurate information or facts, which led to unintentional harm or injury. 

It acknowledges that the defendant’s actions were not negligent or intentional.

Example: A doctor performing a surgery based on a misdiagnosis due to incorrect test results.

Necessity

The defence of necessity asserts that the defendant’s actions were necessary to prevent greater harm or danger. 

It involves weighing the potential harm caused by the defendant’s actions against the harm they sought to avoid.

Example: Breaking into a locked building to rescue someone trapped inside during a fire.

Act Under Statutory Authority:

This defence applies when the defendant can demonstrate that they were acting within the bounds of a specific statutory authority or legal permission granted to them. 

It validates their actions as authorized by law.

Example: A police officer using reasonable force to apprehend a suspect in accordance with their legal authority.

Summary

Defences in tort law serve as legal safeguards for defendants, providing them with opportunities to challenge or limit their liability for civil wrongs. Volenti non fit injuria, the plaintiff being the wrongdoer, inevitable accident, the act of God, the act of private defence, mistake, necessity, and act under statutory authority are essential defences that acknowledge circumstances where liability should be reduced or negated.