LAW OF TORTS

PROJECT – SYNOPSIS

INEVITABLE ACCIDENT AS A DEFENCE TO TORTIOUS LIABILITY

Introduction

The law of torts deals with civil wrongs that are usually punished in the form of payment of
damages. Just as the plaintiff has the right to claim damages, the defendant has the right to
counterclaim them by bringing up certain defences based on some principles. Inevitable Accident
is one of the general defences against tortious liability. This paper aims to discuss the defence of
inevitable accident in detail and analyse various case laws pertaining to it.

Objectives

 To understand inevitable accident as a defence to tortious liability,

 To look into various cases that have applied this defence and how it has been interpreted.
 To look into the exceptions of this defence.
 To understand the differences between inevitable accident and other similar defences.
 To understand the position of inevitable accident in the sphere of Indian law.

Tentative Chapterisation

1. Introduction

2. The judicial position

2.1. Opinion of jurists

2.2. Landmark cases pertaining to inevitable accident

3. Exceptions to the defence of inevitable accident

4. Difference between Act of God and Inevitable Accident as general defences in torts

5. Inevitable accident in Indian law.

Aditya Chatterjee (BA021004)