General defences

•Consent, volenti non fit injuria

•When plaintiff is the wrongdoer,
•Inevitable accident,
•Act of God,
•Act in relation to Private Defence
•Necessity
•Act done in respect to statutory authority
 Act of God or Vis Major

ESSENTIALS
THE ACT SHOULD RESULT FROM A NATURAL
FORCE.
NO HUMAN INTERVENTION.
EXTRAORDINARY IN NATURE
CASES
REYNOLDS V FLETCHER
NICHOLAS V. MARSHALL
KALLULAL V. HEMCHAND: 
 The plaintiff himself is
the wrong doer
EX TURPI CAUSA NON ORITUR ACTIO
FROM AN IMMORAL CAUSE NO ACTION ARISES

CASES
PITTS V. HUNT.
DR ALICE GEORGE AND ANOTHER V. LAKSHMI:
 Inevitable Accident
INEVITABLE ACCIDENT IS A MISHAP, THE
OCCURRENCE OF WHICH COULD NOT HAVE
BEEN PREVENTED DESPITE OF TAKING ANY
DEGREE OF CARE AND ATTENTION BY AN
ORDINARY AND PRUDENT INDIVIDUAL.

CASES
BROWN V. KENDALL
STANLEY V. POWELL
 volenti non fit injuria
• Free consent
• Consent should be expressed or implied
• Scienti non fit injuria/ knowledge of risk
• Consent to an illegal contract
• Consent of minors/ insane
Exceptions
• Consent to an illegal act
• In rescue case
• Negligence
• Statutory Duty
 Private defence
Self Protection of body and property
Essentials
• Proportional force
• Imminent danger
Cook v beal, 1667
Bird v holbrook, 1823
Collins v Renison, 1973
 Statutory Authority
Absolute and Conditional

Absolute
Vaughan v Taff vale Rail Co, 1860
Smith v. London and South Western Railways,
1870
Conditional
Metropolitan Asylum District v Hill, 1881
 Necessity
necessity knows no law

Essentials
The defendant acted to avoid a significant risk of
harm.
His causing of harm should be justified

Cases
Couturier v Hastie, 1856
Leigh v Gladstone, 1909
Kirk v Gregory, 1876
Scott v. shepherd, 1773
 Mistake
• Mistake of law: No • Cases
defence in both civil • Morrison v. Ritchie &
and criminal case. Co, 1920
• Mistake of fact: Not • Consolidated Company
valid in torts v. Curtis, 1894

By B.V.S,Suneetha
Scott v. shepherd