INTRODUCTION: When a lawsuit is brought against a defendant for the commission of a tort and all of the components of that wrong are present, the defendant is deemed accountable. Even in such circumstances, the defendant can avoid culpability by pleading with one of the tort law defences.

Some defences are more specific to certain offences. Fair remark, privileges, and justification, among other defences, are applicable in the case of defamation.

MEANING OF “GENERAL DEFENCES”: When a plaintiff takes an action against a defendant for a tort committed by him, he will be deemed accountable if all of the necessary ingredients for that wrong are present. However, he has various defences at his disposal that he might use to relieve himself of any guilt deriving from the wrongdoing. In tort law, these are referred to as “general defences.”

The following are the possible defences:
Volenti non-fit injuria or the defense of ‘Consent’
The wrongdoer is the plaintiff
Inevitable accident
Act of god
Private defense
Mistake
Necessity
Statutory authority

1.) Volenti non-fit injuria– In the event that a plaintiff willingly experiences harm, he has no recourse under tort law and is not permitted to complain about it. This defence is based on the fact that no one can enforce a right that he has freely given up or waived. It is possible to give express or inferred consent to be harmed. The act should not go beyond what has been agreed upon in order for the defence to be available.

The following are some examples of defences:-
You cannot sue your guests for trespassing if you have invited them to your home; similarly, you cannot sue the surgeon if you have agreed to a medical procedure.

2.) Plaintiff the wrongdoer– The maxim “Ex turpi causa non-oritur actio” states that “no action comes from an immoral cause.”

If the plaintiff’s action is based on an illegal contract, he will lose his case and would not be able to recover damages.

If a defendant claims that the claimant is the offender and is not entitled to damages, the court will not absolve him of responsibility, but he will not be held guilty under this heading.

3.) Inevitable Accident– Accident refers to an unforeseen injury, and if the same accident could not have been prevented or averted despite the defendant’s best efforts, we refer to it as an inevitable accident. It is a strong defence because the defendant can establish that the injury could not be prevented even after all safeguards were taken and that there was no intent to harm the plaintiff.

4.) Act of God– Under tort law, an act of God can be used as a good defence. In the case of Rylands v. Fletcher, it was also acknowledged as a valid defence under the ‘Strict Liability’ rule.

The Act of God and Inevitable Accident defences may appear to be the same, but they are not. Acts of God are unavoidable occurrences in which natural forces play a part and cause harm. Heavy rain, storms, tidal waves, and other natural disasters, for example.

The following items are necessary for this defence:
> The workings of natural forces should be present.
> There must be an extraordinary incident, not one that might be fairly predicted and avoided.

5.) Private Defence– The law has granted permission to protect one’s life and property, and it has also granted permission to use reasonable force to safeguard one’s life and property.

> The use of force is only justified in cases of self-defence.
> An immediate threat to a person’s life or property must exist.

For example, A would not be justified in employing force against B just because he believes he would be assaulted by B at some point in the future.

> The force employed must be justified and designed to fend off an immediate threat.

For example, if A attempted a robbery in B’s house and B just drew his sword and hacked off A’s head, A’s crime would not be justified, and the defence of private defence would be ineffective.

> The law also allows just those steps to be taken to protect property that is required to avoid risk.

Fixing broken glass pieces on a wall, keeping a vicious dog, and so on are all legal in the eyes of the law.

6.) Mistake– There are two categories of errors:

> Mistake of law, and
> Mistake of fact

The defendant has no defence in either circumstance. When a defendant acts on the basis of a mistaken belief, he may be able to employ the defence of error to avoid culpability under tort law.

7.) Necessity– Even if the act was done purposefully, it is not actionable and serves as a good defence if it is done to prevent greater harm. Private defence and an unavoidable accident should be distinguished.

The following considerations should be made:

> The harm is inflicted on an innocent person by necessity, but in a private defence case, the plaintiff is the perpetrator.

> In the instance of necessary harm, the harm is done on purpose, whereas in the event of an unavoidable accident, the harm is produced despite all efforts to avoid it.

It is justified, for example, to operate on an unconscious patient in order to preserve his life.

8.) Statutory Authority– Though an act is permitted by a law or statute, it is not actionable, even if it would otherwise be considered a tort. It is a full defence, and the aggrieved person has no recourse other than to seek compensation as required by law.

Immunity is granted under statutory authority not only for obvious harm but also for harm that is unintended.

CONCLUSION: It is vital to understand General Tort Defenses while studying tort law. General defences are a set of “excuses” that you can use to avoid being held liable. In order to avoid liability in a case where the plaintiff pursues an action against the defendant for a specific tort, the defendant must prove the existence of all of the necessary elements of that tort.

ENDNOTES: https://www.legalserviceindia.com/legal/article-2563-general-defences-in-law-of-tort.html

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