TORT

DEFENCE
Tort: DEFENCES

– VOLENTI NON-FIT INJURIA

– CONTRIBUTORY NEGLIGENCE
– INEVITABLE ACCIDENT
– NECESSITY
– ACT IN RESPECT TO STATUTORY AUTHORITY
– SELF DEFENCE
 VOLENTI NON-FIT
INJURIA Latin, To the consenting, no injury is
done.

In the law of Negligence, the precept that

denotes that a person who knows and
comprehends the peril and voluntarily
exposes himself or herself to it, although
not negligent in doing so, is regarded as
engaging in an ASSUMPTION OF THE
RISK and is precluded from a recovery for
an injury ensuing therefrom.
  CONTRIBUTORY
NEGLIGENCE

plaintiffs/claimants have,
through their own
negligence, contributed to
the harm they suffered.
  INEVITABLE ACCIDENT

An inevitable accident or "unavoidable

accident" is that which could not be
possibly prevented by the exercise of
ordinary care, caution and skill. It does
not apply to anything which either party
might have avoided
Greene M.R., an accident is
“one out of the ordinary course of things, something so
unusual as not to be looked for by a person of ordinary
prudence."
Difference between an Act of God and Inevitable
Accident:

1. An accident without the involvement of humans is an act

of God. An accident which humans can’t ordinarily avoid is
inevitable accident.

2. In case of inevitable accidents, the actions may be a

result of human activities. Hence, even if one knows the
occurrence is going to happen, one still can’t avoid it.
However there is no room or possibility of human foresight
in case of an Act of God or Vis Major.
  NECESSITY

If damage is caused to avoid a

greater damage, it becomes a
good defence.
 ACT IN RESPECT TO STATUTORY
AUTHORITY

Any damage arising out of an act that

the law prescribes or the statute
authorises will never become
actionable even though in absence of
such statutory authority it is an
offence in tort