When an action has been brought defence is there exist one is sought.

There are eight

general defences outlined by WINFIELD AND JOLOWICZ on Tort 15th edition. These include
Consent (Volenti non fit injuria), Public Policy (Illegality), Mistake, Inevitable Accident, Act of
God, Private Defence, Necessity and Statutory Authority and are discussed below briefly

VOLENTI NON-FIT INJURIA

It is a well settled principle in law that no man can sue for a tort to which he had consented,
either expressly or impliedly.
No man can enforce a right which he has voluntarily waived off or abandoned consent to
suffer the harm may be express or implied.
For the defence of consent to be available, the act of causing the harm must go beyond the
limit what has been consented.
In Hall V. Brooklans Auto Racing Club
Plaintiff(Spectator), during a car race got injured due to the collision of two cars. During the
collision one car came into the stands, which caused injury to the plaintiff. Plaintiff sued the
defendant for the damages(compensation), but the defendant was not held liable as the
plaintiff himself took the risk of injury.
Key Point: Same will be the case if a person goes to watch a cricket match and was injured
by the ball hit by the batsman, here also plaintiff will not be compensated as he himself
decided and agreed to the risk by watching the cricket match