Defences under Tort Law
Defences in Law
Defence means the reasons or arguments presented by the defendant to avoid liability or punishment. It’s a response to the plaintiff’s or prosecution’s claims.
General Categories of Defences
| Type of Defence | Description | Examples |
|---|---|---|
| Justification Defences | The act was lawful or justified under the circumstances. | Self-defense, consent |
| Excuse Defences | The act was wrong but excused due to circumstances. | Insanity, mistake, necessity |
| Procedural Defences | Issues related to the legal process or jurisdiction. | Statute of limitations, jurisdiction |
| Denial Defences | Denying the facts or liability itself. | Denying the act or involvement |
Defences in Tort Law
Consent
The injured party consented to the act that caused harm.
Example: Contact sports where injury is expected.
Necessity
The defendant acted to prevent a greater harm.
Example: Breaking into a property to save someone’s life.
Self-Defence
Protecting oneself or property from immediate harm.
Must be reasonable and proportionate.
Act of God (Force Majeure)
Injury caused by natural events beyond control, e.g., earthquake, flood.
Inevitable Accident
Damage occurred without negligence or fault.
Statutory Authority
The act was done under legal authority or duty.
Defences in Criminal Law
Alibi
Defendant was elsewhere when the crime occurred.
Insanity
Defendant lacked mental capacity to understand the act.
Intoxication
Sometimes a defence if involuntary and impairs intent.
Duress
Committed crime under threat of serious harm.
Mistake of Fact
Honest, reasonable mistake negating intent.
Entrapment
Defendant induced by law enforcement to commit a crime.
Summary Table for Tort Defences
| Defence | Explanation | Effect |
|---|---|---|
| Consent | Plaintiff agreed to the act | No liability if consent valid |
| Necessity | Act to prevent greater harm | Justifies otherwise wrongful act |
| Self-defense | Protecting oneself or property | Lawful use of reasonable force |
| Act of God | Natural, unavoidable event | No liability |
| Inevitable Accident | Accident without fault | No liability |
| Statutory Authority | Authorized by law | Protection from claims |
Do write to us if you need any further assistance.
RELATED Blog
0 comments