Torts and the Defences against the Torts
1. Torts: Meaning and Definition
A Tort is a civil wrong, other than breach of contract, committed by a person which causes loss or harm to another person. The main purpose of tort law is to compensate the victim for the harm suffered.
Key Elements of Tort:
Wrongful Act – There must be a wrongful act or omission.
Injury or Damage – The act must cause harm or loss to the claimant.
Legal Remedy – The law provides a remedy (usually compensation) for the injury.
Example Case:
Donoghue v. Stevenson (1932) – This is the landmark case establishing the modern concept of negligence. Mrs. Donoghue drank ginger beer containing a decomposed snail and sued the manufacturer. The court held that manufacturers owe a duty of care to ultimate consumers.
2. Defences Against Torts
The defences are the reasons or excuses which, if successfully established, may absolve the defendant from liability. These defences vary depending on the type of tort.
A. Defences in General Torts
Volenti Non Fit Injuria (Consent)
Meaning: "To a willing person, no harm is done."
If the plaintiff voluntarily consents to the risk, the defendant may not be liable.
Case Law: Morris v. Murray (1991) – A passenger willingly took a flight with a drunk pilot. The court held that the passenger had voluntarily accepted the risk.
Necessity
Meaning: An act done to prevent greater harm may be excused.
Case Law: R v. Dudley and Stephens (1884) – Sailors killed a cabin boy to survive. Though morally justified, criminal liability existed; in tort, necessity can sometimes be a defence in property-related torts.
Inevitable Accident
Meaning: If harm occurred due to circumstances beyond human control, defendant may not be liable.
Case Law: Pitt v. Holt (2013) – If a loss occurs without negligence, it may be excused as an accident.
Act of God
Meaning: Harm caused by natural causes, without human intervention.
Case Law: Nichols v. Marsland (1876) – Flooding due to unusual rain destroyed property. Defendant was not liable due to an “act of God”.
Statutory Authority
Meaning: Acts done under legal authority cannot be tortious.
Case Law: Allen v. Flood (1898) – Industrial action authorized by statute cannot be considered a tort.
B. Defences Specific to Certain Torts
Defamation
Defences:
Truth – Statements are true.
Case: Khushwant Singh v. Maneka Gandhi – Truth is a valid defence.
Fair Comment – Opinion on a matter of public interest.
Case: Lillie v. Bournemouth – Fair comment on public figures.
Privilege – Absolute or qualified privilege protects certain statements (e.g., in Parliament, judicial proceedings).
Negligence
Defences:
Contributory Negligence – Plaintiff partly at fault.
Case: Froom v. Butcher (1976) – Plaintiff not wearing a seatbelt reduces compensation.
Voluntary Assumption of Risk – Plaintiff knowingly exposed to risk.
Case: Smith v. Baker (1891) – Worker accepted known risk; limited liability.
Act of God / Inevitable Accident – Natural events beyond control.
Trespass to Land / Property
Defences:
Consent – Owner permitted entry.
Necessity – Entry needed to prevent harm to life/property.
Case: Esso Petroleum v. Southport Corp (1956) – Temporary flooding to prevent larger loss justified.
Trespass to Person (Assault, Battery, False Imprisonment)
Defences:
Self-defence – Protecting oneself or others.
Case: Collins v. Wilcock (1984) – Contact justified in self-defence.
Consent – e.g., in sports.
Case: R v. Billinghurst (1978) – Consent to play sport may limit liability.
Necessity – Preventing serious harm.
C. Defences in Strict Liability Torts
Strict liability (e.g., Rylands v. Fletcher) means defendant is liable for harm without fault. Defences are limited:
Act of God – Unforeseeable natural disaster.
Plaintiff’s Default – Damage caused by plaintiff’s own actions.
Consent of Plaintiff – Voluntarily assumed risk.
Case Law:
Rylands v. Fletcher (1868) – Defendant liable for water from reservoir flooding plaintiff’s mine. Defence succeeded only if damage was unforeseeable or plaintiff consented.
3. Conclusion
Torts protect individuals from civil wrongs and ensure remedies for losses.
Defences act as exceptions to liability and can include consent, necessity, act of God, statutory authority, contributory negligence, privilege, truth, fair comment, etc.
Case laws illustrate the application of these principles in real life and establish important legal precedents.
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