This Master class is about General Defences that are applied in the Law of Torts.

The student at the end of the session will be able to learn about the Law of Torts, General Defences that are applied along with case laws.

General defences are a set of defences or ‘excuses’ that you can undertake to escape liability in tort only if your actions have qualified a specific set of conditions that go attached with these defences, when the plaintiff brings an action against defendant for a particular tort, providing the existence of all the essential of that tort the defendant would be liable for the same. The defendant may, however, even in such a case, avoid his liability by taking the plea of some defence. There is some specific defence which is peculiar to some defence. There are some specific defences which are peculiar to some particular wrongs, for example, in an action for defamation, the defences of privilege, fair comment or justification are available. There is some general defence which may be taken against the action for a number of wrongs. For example, the general defence of ‘Consent’ may be taken, whether the action is for trespass, defamation, false imprisonment, or some other wrong.

The General defences are as follows and will be discussed in detail:

1. Volenti non fit injuria, or the defence of ‘Consent’
2. Plaintiff, the wrongdoer
3. Inevitable accident
4. Act of God
5. Private defence
6. Mistake
7. Necessity
8. Statutory Authority